Bought out of date pate in Tesco, what next?

UglyBolloxFace

Cherrycola wrote: »

And what should i expect when i return it? I dont want to hand it back and be pawned off with a refund and an apology, if i had eaten it god knows what damage it could have done! Pate and smoked salmon are two things highlighted to be careful about in pregnancy, and i have steered clear until now, but just got such a longing for it today when i saw it, and i love Blue Haven in Kinsale.

Sounds like you're itching for some compo :rolleyes:

wmpdd3

tesco is responcible as they are the retailer and you are the customer

it is a health ans safety violation to sell food past the use by date.

in a health inspection, it would be a red

if you complain to tesco, it will be brought to the duty managers attention, they will pass the details to the department line manager. its up to this manager to bring it up with the merchandiser.

i would bring it back to tesco for a refund, but also get in touch with blue haven so the merchandiser will here about it from both sides.

Cherrycola

Thanks for all the input everyone.

Sam Mac

As my mother said to me many times when I was going on a rant about out of date foodstuffs at home, she said "you know back in my day there was no such thing as best befores"!

laughter189

Cherrycola wrote: »

Thanks for all the input everyone.

You should'nt have bought it - but since you did , just go back with receipt and get a refund

Diddler1977

UglyBolloxFace wrote: »

Sounds like you're itching for some compo :rolleyes:

Sure does!

Wonder how much compo the op wants (compensation for "no damage" :rolleyes:) €1000?! €2000?!

sandin

Cherrycola wrote: »

Might contact Blue Haven directly so, at least to let them know that Tesco are not rotating their produce which could have a negative impact on them should someone get food poisoning!

Cherrycola wrote: »

Not pate as such, but a contaminated version of it could cause listerosis, very rare but could happen, and of course eating out of date pate is probably going to increase the risk! something i didnt set out to do!

Cherrycola wrote: »

So i suppose Tesco would be in breach of this legislation, as they sold it to me, not Blue Haven.

Cherrycola wrote: »

Who knows, but applying the same refund policy to a product that could have caused serious damage had i eaten it, seems a bit of a lucky escape for them, and as a result will they still carry on selling out of date food without any repercussions?

Totally OTT.

There's a phrase being used by more and more by courts these days - "PERSONAL RESPONSIBILITY"
e.g. - You have to take a wee bit of reponsibilty for your own actions.

Sight - you can read? Hence, you can read the use by date.

The best before / use by dates are printed on goods so that you as a consumer buying the goods can see if it is fresh. Use by dates are always printed in a prominent position, so unless you have severe eyesight problems, then you have some responsibilty to ensure you buy in date product. Also - the use by dates are always so safe that in the cases of many foods you can add a week or more to the date (but up to your judgement) (and I am not mixing best before dates - best before goods can be fine for years after the date)

If it could be proven that the store PURPOSELY left the out of date product on the shelf, then the FSAI would have a case against the store - not you.

The store has made an error - that is all.

Your getting into a tissy on such a minor issue - bring it back get a refund or feck it in the bin. Then move on with life.

anyway - you reminded me that the rib eye steak I bought last week in the clearance shelf with use by of April 8th, should be near perfect for cooking tomorrow. (though it could do with another week or so hanging to be 100% perfect - 2 weeks after the use by date)

Pkiernan

Cherrycola wrote: »

Ive already posted that it was a use by date, and a link to the breach of legislation according to the fsai website.

I dont think i need to calm down, im only asking for advice!

Advice on what - how much compo you can get??

FFS, just bring it back and ask for your money back.

dudara

Posters - that's enough on the compo comments. The OP has received some good advice here. No need to attack them.

dudara

Retailer

im summary:

• tesco are responsible to you, the consumer, and not Blue Haven in this case
• selling products that are past their 'use by' date is in breach of regulations
• products marked 'best before' can be sold after that date so long as the customer is informed before purchase

Don't expect anything more than a refund and an apology. It was a mistake and pointing it out to Tesco will be doing them a favour. They will hopefully take it on board and ensure it doesnt happen again

ScouseMouse

Deliberately selling you something past its use by date is a breach of regulations.

Accidentally selling you something past its use by date MAY not be.

Get a refund for it and take it for what it was. A mistake.