Sainsbury- almost 7 months out of date Apple Crumbles

[g6zarkea6m652]

Am I being unreasonable? Sainsbury’s online sold me Apple crumble which was almost 7 months out of date.

Said it’s quality over safety

Am I being unread to refuse £ 25.00 compensatory payment

Main food safety and consumer protection offences created by the Food Safety Act 1990:
• Section 7 - rendering food injurious to health
•
◦ with the intention that it shall be sold for human consumption
◦
• Section 14 - selling to the purchaser’s prejudice any food which is not of the nature or substance or quality demanded by the purchaser
•
• Section 15 - falsely describing or presenting food (apple crumbles were almost 7 months out of date)

Section 15 - falsely describing or presenting food (apple crumbles were almost 7 months out of date)

And clearly marked as being so.

Oh, let it bloody go already, ffs.

My concerns were Sainsbury’s stating that it's about the QUALITY of their food and not SAFETY.

That is exactly what "best before" means though. They were just fruitlessly explaining that to you.

As long as its marked, shops are allowed to sell food past its BBE.

See approvedfood website as an example.

Sainsburys are correct with "quality over safety." They are saying that if food is eaten after its BB date it is still safe, you are just compromising on the quality.

not sure if it’s in-date but have one anyway.

If we're playing the copy n paste game then this is from the Food Standards Agency

www.food.gov.uk/safety-hygiene/best-before-and-use-by-dates

Best before dates are about quality
The best before date, sometimes shown as BBE (best before end), is about quality and not safety. The food will be safe to eat after this date but may not be at its best. Its flavour and texture might not be as good. Best before dates appear on a wide range of foods including:
• frozen foods
• dried foods
• tinned foods
The best before date will only be accurate if the food is stored according to the instructions on the packaging.

YA most definitely BU.

It was best before, not use by. I struggle to comprehend that deep frozen apples made you sick. Sainsbury's should make sure their stock rotation is better, but they've admitted the mistake and have offered you £25.

Leave it. In a former life I worked on a supermarket customer service desk. Customers like you were a nightmare. That's why they've given you £25. In the supermarket I worked for, you'd have been lucky to get a fiver.

Do people check the dates on frozen food?

Yabu op.

This is so funny as the OP was clearly hoping for a Daily Fail sad face article and a host of “OMG sue them for every penny” responses and instead got - Meh, you’ll be fine apples last forever in the freezer. Biggest letdown ever

Oh no, not a violation of your rights!? 😂

Sainsbury’s answer was spot on correct. BBE dates are indeed about quality not safety.

People who work in food deal with people like you all the time. You'll not the huge payout you think you will. Trading standards won’t be interested unless they’d attempted to change, or hide the date. I’d take the £25 if I were you.

Not sure why OP is being such a hard time- she unknowingly received something seven months past its BB date. Wonder where it had been languishing all that time? A BB date indicates that the actual item had been manufactured about 18-24 months prior to that. For example, I bought frozen fish fingers today with a BB date of Jan 2022. Chips bought today with a BB date of Aug 2022.
I doubt they kept that apple pie in correct storage.
However, I know someone with a similar story but with another big supermarket and they were offered a similar amount of compensation.
It does feel unjust, considering both of you threw up. However, I would just take the money and pick your battles. It was a mistake on their part to sell it to you like that.
My friend took it to the press and was ridiculed- even though like you, they were not in wrong.

Sorry about that.

I doubt they kept that apple pie in correct storage.

Why?

@g6zarkea6m652

Main food safety and consumer protection offences created by the Food Safety Act 1990: • Section 7 - rendering food injurious to health • ◦ with the intention that it shall be sold for human consumption ◦ • Section 14 - selling to the purchaser’s prejudice any food which is not of the nature or substance or quality demanded by the purchaser • • Section 15 - falsely describing or presenting food (apple crumbles were almost 7 months out of date)

Well you've totally persuaded me OP. You're definitely right. Sue them for every penny !

It’s not about suing or press. I appreciate all the comments made.

I think however some response missed the point.

This was an online order of 3 Apple Crumbles. All of which was out of date. Had proper procedures were followed this would or should not have happened. I did not walk into store and choose them?

I always checked dates when I visit the supermarket in person,

I ordered on line because the government wrote that I was vulnerable and had to shield.

I did not check the date before placing in the freezer or oven.

Why would you check the date?

So this goes back to the question that been asked several times.

If £25 is not enough, what is enough? What are you actually hoping that Sainsbury's will do or give you that you would consider appropriate?

Accept that they have breached the Food Safety Act.

Offer appropriate compensation to the two parties involved

Accept responsibility rather than make excuses

I will stop here,,, awaiting

@TorysSuckRevokeArticle50

So this goes back to the question that been asked several times.

If £25 is not enough, what is enough? What are you actually hoping that Sainsbury's will do or give you that you would consider appropriate?

Op was hoping for a real windfall

I’ll let myself out....

🤣🤣🤣🤣

I've have OCD. Total freaky ocd but I never check frozen food dates.

"Accept that they have breached the Food Safety Act."

They haven't

"Offer appropriate compensation to the two parties involved"

Which is? What is the number that you consider to be appropriate compensation?

"Accept responsibility rather than make excuses"

They haven't made excuses, they have directly quoted the government Food standards. You don't like it, but that's what they have done.

The onus is also on you to check before you shove it in your mouth

Honestly your posts come across really grabby, like you’re just chasing after compensation. If you’re really serious and genuinely think you have a high value claim, just hire a solicitor?

You were shielding but had your friend for pudding?
Did you get sick hours after him or did you eat at the same time?
Your posts haven't been clear.