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Is It Illegal To Sell Expired Food? I Bought Some Expired Hot Dogs. What Should I Do, Besides Take Them Back?

12 June 2009 302 views 14 Comments

I just bought four packages of hot dogs on sale. Three are good, but the fourth one expired on the 20th. Today is the 27th. So besides the obvious – don’t eat them, take them back – what are my rights as a consumer? What if I didn’t happen to look at the dates and they made myself or my daughter very sick? Just curious.

14 Comments »

  • like,OMG said:

    im pretty sure it is u should call the health department! b/c expired means SELL BY _________. and if they do not it is probley illegal

    # 12 June 2009 at 5:17 pm
  • Robert D said:

    OK, Here goes, you sell me some of this outdated good, I get sick as a dog and know you knowingly sold me this stuff. I only bought it because I was quite broke, or this is what I tell the lawyer/jury when I sue you for pain and suffering, soon I will buy fresh stuff with all that cash I got for faking an illness that was really a bad hangover. Think people wouldn’t do this, think again.

    # 12 June 2009 at 5:17 pm
  • misscond said:

    Call the store. Any respectable grocery store should issue you a refund or replace them. Some many require that you provide your receipt but most of the time it doesn’t matter on a small value item such as that.
    I know when I worked at a grocery store, every dept. was supposed to check dates for food that was close to their sell by date EVERYDAY, especially in the deli, dairy, and meat depts. But sometimes things would slip by due to customers putting things back in the wrong spot, or just by human error.
    I’m not entirely sure if it’s illegal, because there’s Grocery Outlet stores (in Northern California) and most of the stuff they sell is either expired by a little bit, or close to the sell buy date. Some things it doesn’t matter if it’s a few days past the expiration, but I definitely wouldn’t suggest eating meat that many dates after the fact.
    Definitely document this just in case you guys get sick though, but chances are you guys won’t… but it’s better to be safe than sorry.

    # 12 June 2009 at 5:17 pm
  • Iron Maiden DVDs said:

    you can go return it and speak to the store manager to make sure they are not selling other foods expired. also find out how to contact a higher person than the store manager to take control for this doesnt happen again.

    # 12 June 2009 at 5:17 pm
  • hensleyc said:

    If you became ill, then you may have some cause of action. But a belly ache for a day is hardly compensable. Now if you or a member of your family was facing death and enormous medical bills, then you would be looking at a court case.
    Under the circumstances, I think you either throw them away and forget it (being more careful to check dates) or take them back and kindly ask for a refund or replacement.

    # 12 June 2009 at 5:17 pm
  • here_lie said:

    Just take them back and get something fresher…check out the labels. Just tell them the situation.

    # 12 June 2009 at 5:17 pm
  • gcbtradi said:

    Just as you might not happen to look at the dates, so might not the vendor…
    The dates on the product are not the dates they stop beng legal for sale they are the “best if used by” dates prescribed by the manufacturer
    The bottom line is, you are responsible for what you feed your children.

    # 12 June 2009 at 5:17 pm
  • taterbab said:

    you would think it would be illegal but to be honest i do not know..i would let the store know for sure then i would contact the headquarters of the store to let them know that there is old food in the store and that maybe they need to do a store check on inventory………….

    # 12 June 2009 at 5:17 pm
  • Becky B said:

    If you want to be a good person, take them back so the store is aware, they can take them off the shelf, and nobody will get sick. Feel good that you have done something good. By the way, an unopened packet of hotdogs that didn’t smell funny or taste funny will not make anyone sick. Get over it.

    # 12 June 2009 at 5:17 pm
  • Seano said:

    take them back and get over it. Mistakes happen and you are fine, even if you ate them and got sick it would have been your fault for not checking the date. However you did check and can get a full refund or exchange them. Don’t be an ambulance chaser move on with your life!

    # 12 June 2009 at 5:17 pm
  • Paula Revere said:

    Then I guess you could sue but I don’t know that you wouldn’t bear some of the responsibility for not checking the date.
    Always check country of origin and dates – food is no longer safe in this country.

    # 12 June 2009 at 5:17 pm
  • Yo it's Me said:

    Read the label before you buy next time.

    # 12 June 2009 at 5:17 pm
  • LEO53 said:

    You could sue the store.

    # 12 June 2009 at 5:17 pm
  • Razor Jim said:

    Most stores will swap them out

    # 12 June 2009 at 5:17 pm

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