Are you mystified by the meaning of little phrases like "sell-by date," "best if used by date," and "expired by date" stamped on the underside of canned goods or on a gallon of milk? If a product that hasn’t expired makes you sick, do you have any legal options?
Knowing what these terms mean and what they don’t mean can make you a better consumer and tell you something about your options.
Is Selling Expired Food Illegal Under Federal Law?
You might find it surprising that federal law doesn’t require a manufacturer to put an expiration date on a product. Additionally, baby formula and baby food are the only products that can’t be sold after it expires.
What About State Law? Can Stores Sell Expired Food?
State governments are free to regulate the selling of expired goods, and many do. For example, states have filed and settled lawsuits with major retailers for selling expired food and medications.
What Is the Purpose of Expiration Dates for Food?
When checking items for sale, you might come across several different terms, such as:
- “best before”
- “best if used by”
- “sell by”
- “freeze by,” or
- “expired by.”
The manufacturer provides the dates to give you an idea of how fresh the product is—not whether it's dangerous or not.
So, Is it Okay to Sell Expired Food?
In most cases, a product is still good to use even after the date that's stamped on the container. But you might not want to take a chance and instead avoid expired products altogether.
Can I Sue a Store for Selling Expired Food?
Sometimes consumers end up harmed by a product. If the company that made the product—or the store that sold it—is responsible for the injury, you might be able to recover money to compensate you.
To do so, you’ll likely file a civil lawsuit under a “product liability” theory (unless your state has a particular law covering your situation). This law holds manufacturers, distributors, and sellers of faulty products responsible for harm caused by those goods.
What You Need to Prove in Your Lawsuit
It’s important to understand that under this theory, it doesn’t matter whether the product is past its expiration date or not. To prevail, you must prove that the manufacturer or seller was responsible for your injuries.
But that alone won’t be enough. An attorney will likely want to be able to show that you suffered significant harm before agreeing to take your case. (If you're considering pursuing an action on your own, you can learn about the process in Success In Small Claims Court.)
For instance, a stomachache caused by bad milk that lasts for a few hours and leaves no lasting effects might not be worth much regarding pain, lost time, or money. So, a good line of defense in the marketplace is to protect yourself by avoiding expired products in the first place.
Some Options for Dealing With Expired Products
If you purchase an expired product or notice that your local store often sells old goods, here are some actions you can take.
- Return the item. If you accidentally buy a product that's past its expiration date, return it to the store for an exchange or refund.
- Notify the store. Contact the store manager and the store’s corporate headquarters or home office.
- File a complaint. You can file a complaint with your state attorney general, the FDA, and the Better Business Bureau