tescos food out of date by 4 months

Boggles

axer wrote: »

One could argue that under

I'm sure you could...

axer wrote: »

Whilst I agree they are 100% at fault and a replacement product was due

Nuff Said...

P.C.

Why would you buy fresh produce without checking the dates, or condition of the product?
I am not saying that you must check the dates of everthing you purchase, but the frest stuff such as fruit, veg, meat, milk and the such like.
At the same time, I do understand that you can buy something that is in date, but has gone bad.

I am not taking the retailers side, but I think that you should check the dates just for yourself. I understand mistakes happen.

axer

Boggles wrote: »

I'm sure you could...

Yes one could considering it says this in the sale of goods act regarding merchantable quality:

(2) Where the seller sells goods in the course of a business there is an implied condition that the goods supplied under the contract are of merchantable quality, except that there is no such condition—
( a ) as regards defects specifically drawn to the buyer's attention before the contract is made, or
( b ) if the buyer examines the goods before the contract is made, as regards defects which that examination ought to have revealed.

Just for your information.

Charcoal

It is not illegal to sell food in Ireland that is past it's sell by date provided it is in fully acceptable condition.

Source: http://www.citizensinformation.ie/categories/health/environmental-health/food_labelling

There is a huge difference between a "Use-by" date, typically used in products with a shelf-life of less than 21 days. To consume food past its "use-by" date can pose serious health risks.

However, a best-before date is an indication of when the quality of the product is no longer guaranteed, but will not pose health risks if consumed after it passes.

Manufacturers typically undergo shelf-life testing on their products and will err on the side of caution.

As a regular shopper and someone who works in the food industry, I can tell you that I ALWAYS check the dates on ANY food products that I buy, and I root to the back of the shelf to get the best date available.

Some poster (sorry, too lazy to go back) mentioned Tesco's stringent supplier controls and I can tell you that they are feared in the food industry. They are that tough.

dsheppard@eirco

I bought baby food on Friday in Tesco's in Asbourne, within 30 mins of buying it, i fed it to my 6 month old daughter , and within 2-3 hours, she had dirrohea and vomiting, went through what she had eatin that day and found the packaging for the babyfood which was out of date by 2 months, called the manager who was disgusted and very apologetic and told me he would cover the cost of doctors etc, and told me he would get general manager to call me the next day which was saturday and no one has called me, its sunday evening and i have put down an awful weekend with my baby, i ended up having to take her off her normal formula and solids and give her water only, through the night fri-sat because she couldn't keep anything down, :mad: im exhausted but furious that tesco's never got back to me to see if my daughter was ok, i told the manager that i spoke with on friday that the doc on call said i may have to bring her to temple st if i cant keep her hydrated, i was sick myself with worry. Anyway she seems to be ok now and whatever toxins that were in her body are gone, but i dont know what to do about the matter, the babyfood i bought had 2 jars of the food in a packet so i have one jar left over and i have my original receipt, im just wondering are they not contacting me because they think i cant prove i bought the babyfood there, surly the barcode on the packaging sould prove i got it there.
and for anyone suggesting i should have checked the dates I KNOW NOW, but i normally do check dates, but if you are doing a weeks shopping you cant check every date and if something is not fresh or refridgerated, you expect its going to be in date. anyway any advice would be appreciated.

foggy_lad

dsheppard@eirco wrote: »

I bought baby food on Friday in Tesco's in Asbourne, within 30 mins of buying it, i fed it to my 6 month old daughter , and within 2-3 hours, she had dirrohea and vomiting, went through what she had eatin that day and found the packaging for the babyfood which was out of date by 2 months, called the manager who was disgusted and very apologetic and told me he would cover the cost of doctors etc, and told me he would get general manager to call me the next day which was saturday and no one has called me, its sunday evening and i have put down an awful weekend with my baby, i ended up having to take her off her normal formula and solids and give her water only, through the night fri-sat because she couldn't keep anything down, :mad: im exhausted but furious that tesco's never got back to me to see if my daughter was ok, i told the manager that i spoke with on friday that the doc on call said i may have to bring her to temple st if i cant keep her hydrated, i was sick myself with worry. Anyway she seems to be ok now and whatever toxins that were in her body are gone, but i dont know what to do about the matter, the babyfood i bought had 2 jars of the food in a packet so i have one jar left over and i have my original receipt, im just wondering are they not contacting me because they think i cant prove i bought the babyfood there, surly the barcode on the packaging sould prove i got it there.
and for anyone suggesting i should have checked the dates I KNOW NOW, but i normally do check dates, but if you are doing a weeks shopping you cant check every date and if something is not fresh or refridgerated, you expect its going to be in date. anyway any advice would be appreciated.

i would say contact a solicitor as tesco's have probably done the same and have probably been told not to contact you in case it is seen as admission of liability.

dsheppard@eirco

I thought the same, if they rang me they were admitting libability, but the manager there already said he would cover the cost of doctor etc, i had to call doc on call which is free, but it ment me feeding her 2 ozs of water every 2 hrs over the course of 24 hours to keep her hydrated so i wouldn't have to bring her to temple st. i wonder is it worth me contacting a solicitor.

axer

dsheppard@eirco wrote: »

I thought the same, if they rang me they were admitting libability, but the manager there already said he would cover the cost of doctor etc, i had to call doc on call which is free, but it ment me feeding her 2 ozs of water every 2 hrs over the course of 24 hours to keep her hydrated so i wouldn't have to bring her to temple st. i wonder is it worth me contacting a solicitor.

Do you mind me asking, do you not check the date on food before using? It is a very important food safety thing to do.

I would wonder if there is any case for legal action against the tescos since the date was clearly correct on the item.

dsheppard@eirco

if i had checked i would never had given it to my baby, oh the date was correct, as in 2 months out of date, but what was it doing on the shelves. is it legal to sell out of date baby food.

axer

dsheppard@eirco wrote: »

if i had checked i would never had given it to my baby, oh the date was correct, as in 2 months out of date, but what was it doing on the shelves. is it legal to sell out of date baby food.

I don't think you can fault them for not coming back to see if your daughter was ok. The manager said he would cover the medical costs which is fair enough imo. Its not his fault that there were none. You could go back in and get a refund for the food with the receipt.

If you want to complain then you should contact the Food Safety Authority. Was it a best before date or a use by date on the product?

At least you learnt your lesson without any long term damage. Even if you check the dates when purchasing - it is even more important to check them before consumption.

thewheel2.0

Ha comical i know people who work in tesco must give em sh!t for this....

dsheppard@eirco

the manager also said they would call on saturday and they never did, so i wouldn't have held my breath about medical costs if there were any.
it was use by date, and if you read my original posting i said i do check dates normally, but i wont be shopping there again anyway,
I did learn a hard lesson and thankfully without any long term damage, but can i say to (thewheel2.0) there was nothing comical about having to feed my baby 1oz of water every hour through the night on friday, or my daughter coming out in blisters on her bum from dirrohea TMI i know!
But i will be checking all food from now on.

Jip

I didn't think you could get sick from food poisoning within 30 minutes, maybe it's different for a baby but an adult doesn't.

marti101

Contact a soliciter if not for your baby but the next who mightnt be so lucky.They didnt call back in case its an admission of guilt but i would go see a sooliciter they will tell you if theres a case.

dsheppard@eirco

She ate the food at approx 3:30pm, and wasn't sick until 6:30pm, I fed her the food within 30 minutes of buying it alright, but she wasn't sick for 3 hours.

sunny2004

axer wrote: »

I don't think you can fault them for not coming back to see if your daughter was ok. .

Its really great to know that you would be so understanding if it was your child who was fed the food You are the most understanding poster here, its never from what I can tell the retailers fault with you, and here again with a child involved you seem to think the shop are not responsible. in addition you then add insult to injury by saying you cant blame them (tesco)for not coming back (as agree by the manager) to the mother to check on the child..

again I state you take the opposite view on complaints here. There is a case and if it was my son who was fed the food by someone in my house, say my mum picked up the food without here glasses.. then Tescos would be simply bowing to my demands.

as I stated before, you act like a doormat then people walk on you, you act like a fool and they will also wipe their feed on you.. You accept bad service and they will poison your child.. come on...

axer

sunny2004 wrote: »

Its really great to know that you would be so understanding if it was your child who was fed the food You are the most understanding poster here, its never from what I can tell the retailers fault with you, and here again with a child involved you seem to think the shop are not responsible. in addition you then add insult to injury by saying you cant blame them (tesco)for not coming back (as agree by the manager) to the mother to check on the child..

Its not about me so there is no need to attack me. I don't think the manager has to come back and check on the child. A manager would presume that both the mother and medical officers would be the ones to do that. How do you know but an emergency came up that took up the managers time?

sunny2004 wrote: »

again I state you take the opposite view on complaints here. There is a case and if it was my son who was fed the food by someone in my house, say my mum picked up the food without here glasses.. then Tescos would be simply bowing to my demands.

I do don't I :rolleyes: I give my opinion which I am entitled to do. If you don't like it then disagree and give your opinion but their is no need to make it personal.

sunny2004 wrote: »

as I stated before, you act like a doormat then people walk on you, you act like a fool and they will also wipe their feed on you.. You accept bad service and they will poison your child.. come on...

wow

Boggles

axer wrote: »

At least you learnt your lesson without any long term damage. Even if you check the dates when purchasing

She learned her lesson? Are you for real?

The store supplied her with poison for her child and you claim that she was some way responsible???

The Manager should have showed up at her door immediately, if she takes it further they are in a pit of trouble, whatever your warped sense of the law is! God forbid but if the child had died, he could have been looking at manslaughter charges.

If shops are caught with out of date food on their shelves they can be closed down not to mention actually selling the food to consumers, especially baby food!

axer

Boggles wrote: »

She learned her lesson? Are you for real?

Yes, she learnt her lesson that she should always check the dates on food items before consuming. Sometimes even checking the dates is not enough as damage to packaging can cause food to spoil. Look and smell to help detect food gone bad.

Boggles wrote: »

The store supplied her with poison for her child and you claim that she was some way responsible???

She bought out of date product that somehow managed to either reach the self or stay on the shelf longer than it should have. I think she should have checked the date. I am not taking full blame away from the shop but they are only as strong as their weakest link and that is usually the staff. What I mean is there is always a chance that some items will be overlook or get mixed up and go out of date on a shelf. I would never trust that a shop would have 100% stock in date at any given time as it is next to impossible - actually I would say it is impossible without incurring serious costs and I would doubt that any supermarket in Ireland has 100% stock in date in their store.

Boggles wrote: »

The Manager should have showed up at her door immediately, if she takes it further they are in a pit of trouble, whatever your warped sense of the law is! God forbid but if the child had died, he could have been looking at manslaughter charges.

If shops are caught with out of date food on their shelves they can be closed down not to mention actually selling the food to consumers, especially baby food!

Then as I suggested the Food Safety Authority are the people to contact.

Boggles

axer wrote: »

She bought out of date product that somehow managed to either reach the self or stay on the shelf longer than it should have. I think she should have checked the date.

She was Sold an out of date product....

What you think doesn't make any difference, to suggest she is to blame for any of this is nonsense. No one can be held responsible for the shortcomings of the store, but the store itself.

Let me ask you this, would the store be more at blame if the lady had problems with her sight and was unable to read the date???

It is illegal to sell food which is not suitable for consumption. That is the bottom line, in this instance the store is always at blame, Full Stop.

dsheppard@eirco

I would have thought given that the manger of tesco's on friday knew that my baby was sick, that out of courtesy they would have called on saturday, firstly to see how she was and secondly, to try an avoid any legal action against them.

And i certainly am not to blame (axer) for my daughter getting food poisioned, because i didn't check the use by date, i agree i have definitely learned a valuable lesson, but it is illegal to sell out of date food, weather you check dates or not. The stop is responsible full stop. i dont have any disabilities where i am unable to check these things, but i have two small children and with the everyday stresses in life (and for a mother there is alot) i dont have time to check every single item i pick up in a shop for its sell by date, especially if im doing a weeks shopping, i presume if the product is mass produced and aheres to european regulations (baby regulations) then surly as its not in the fridge or picked from a field, it should be in date.
There is no excuse for staff not checking shelves, there are supervisors, managers over the floors, there not doing there jobs properly and i as a consumer have paid for that.

I called tesco's today and spoke with another manager, and she offered me an €80 voucher for my troubles, inwhich i turned down.

pow wow

dsheppard@eirco wrote: »

I would have thought given that the manger of tesco's on friday knew that my baby was sick, that out of courtesy they would have called on saturday, firstly to see how she was and secondly, to try an avoid any legal action against them.

And i certainly am not to blame (axer) for my daughter getting food poisioned, because i didn't check the use by date, i agree i have definitely learned a valuable lesson, but it is illegal to sell out of date food, weather you check dates or not. The stop is responsible full stop. i dont have any disabilities where i am unable to check these things, but i have two small children and with the everyday stresses in life (and for a mother there is alot) i dont have time to check every single item i pick up in a shop for its sell by date, especially if im doing a weeks shopping, i presume if the product is mass produced and aheres to european regulations (baby regulations) then surly as its not in the fridge or picked from a field, it should be in date.
There is no excuse for staff not checking shelves, there are supervisors, managers over the floors, there not doing there jobs properly and i as a consumer have paid for that.

I called tesco's today and spoke with another manager, and she offered me an €80 voucher for my troubles, inwhich i turned down.

Why did you turn down the 80 euro? They shouldn't have sold it, but you also could have checked. I know we don't always do so, and you must have your hands full with a young baby and another child, but where there were oversights on both sides I would have thought to save yourself the hassle of litigation or whatever that 80 quid is a relatively acceptable gesture...assuming your daughter has recovered since?

dsheppard@eirco

Also, if they had called on saturday and asked how my daughter was, then yes i would have accepted the voucher for tesco's, i have yet to speak with the general manager, i have spoken with two other managers alright, but the general manager obviously couldn't be bothered with me, there lack of concern for my child has left me feeling very cold about them. And i now see this as they need to learn a valable lesson also, i might just be one customer that they have lost, but i'm not letting this go now.

AXER do you work for tesco's?

axer

dsheppard@eirco wrote: »

AXER do you work for tesco's?

here we go....no I don't work for tescos. Do you?

dsheppard@eirco what do you want tescos to do?

The_Conductor

axer wrote: »

what do you want tescos to do?

How about employ staff to cycle stock and remove stock that is out of date from the shelves? Like every other retailer does?

marti101

Of course they do check their stock and it was probably an oversight.Did you get on to a soliciter and what did they say

dsheppard@eirco

I dont believe it was an oversight on my part, when i go into a shop, i dont think i should have to go through there stock to see if its ok for consumption, thats why they pay staff, secondly, after the weekend i put down 80euro voucher is an insult, i have lost confidence in tesco's to ever to my shopping there again, why would i accept a voucher, and its now a matter of principal i feel its my responsibility to try and let this not happen again, so if i have to go to court I WILL!

AXER, i want tesco's as smccarrick said to How about employ staff to cycle stock and remove stock that is out of date from the shelves? Like every other retailer does?

pow wow

dsheppard@eirco wrote: »

I dont believe it was an oversight on my part, when i go into a shop, i dont think i should have to go through there stock to see if its ok for consumption, thats why they pay staff, secondly, after the weekend i put down 80euro voucher is an insult, i have lost confidence in tesco's to ever to my shopping there again, why would i accept a voucher, and its now a matter of principal i feel its my responsibility to try and let this not happen again, so if i have to go to court I WILL!

AXER, i want tesco's as smccarrick said to How about employ staff to cycle stock and remove stock that is out of date from the shelves? Like every other retailer does?

With all due respect mistakes happen, in all walks of life, and in all professions. They do employ people to rotate the stock, check the dates etc...and again, mistakes happen. You could have checked the date on the food, but you didn't. Some would deem that your mistake.

There could be any number of reasons why the store manager hasn't contacted you, to automatically assume it's because they have blatant disregard for you and your daughter would perhaps also be a mistake. They might be ill, on holiday, feel it's better you deal with the managers already involved for continuity, or may not have even been told about it.

If 80 euro isn't good enough, what exactly would be? You can report them to the relevant authorities and see them dealt with through those channels if necessary without initiating any legal proceedings yourself. And you can do all that whilst accepting the 80 euro.

axer

smccarrick wrote: »

How about employ staff to cycle stock and remove stock that is out of date from the shelves? Like every other retailer does?

are you saying Tesco doesn't?

axer

dsheppard@eirco wrote: »

I dont believe it was an oversight on my part, when i go into a shop, i dont think i should have to go through there stock to see if its ok for consumption, thats why they pay staff, secondly, after the weekend i put down 80euro voucher is an insult, i have lost confidence in tesco's to ever to my shopping there again, why would i accept a voucher, and its now a matter of principal i feel its my responsibility to try and let this not happen again, so if i have to go to court I WILL!

They are trying to offer you a goodwill gesture. You seem to want love and care. I have a better way to make sure it doesn't happen again - check the dates of products before you use them. How much of a voucher or compensation do you want? a 100 euro voucher? a 200 euro voucher? Do you accept *any* responsibility for what happened?

dsheppard@eirco wrote: »

AXER, i want tesco's as smccarrick said to How about employ staff to cycle stock and remove stock that is out of date from the shelves? Like every other retailer does?

problem solved then....they do have such staff.