M&S sold food past the use by date

Been to M&S today, they had lots of items reduced down and had left them in green crates and there was a hoard of people surrounding the crates. I picked up a few bits and when i got home and unpacked it all i noticed one of the items has a used by date of 22nd Feb (yesterday). I've rung them up and they said when i am next in town to pop in for a "refund"! When in store a couple of weeks ago i noticed a couple of items in the chiller with an old date on so pointed it out. Should i be taking this further - would you settle for just a refund?
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Comments

  • zenseeker
    zenseeker Posts: 4,551 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Mistakes happen, human error. Just get the refund and get on with your life.
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  • You know food does automatically know when it reaches its' use by date and from midnight on that exact day is no longer safe to eat. Even eating it one second afterwards could give you food poisoning.
  • Could you clarify what, beyond a refund if you're not happy with the item, you feel you might be entitled to? It's probably just an error instore. Hardly worth looking to get anyone into trouble over, I wouldn't have thought. :)
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  • Errata
    Errata Posts: 38,230 Forumite
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    Their mistake in not checking the use by date, your mistake in not checking the use by date. Looks like you're as much to blame as M&S.
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  • pinkteapot
    pinkteapot Posts: 8,044 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    On Sunday we cooked and ate some chicken breasts that were use by Saturday (so one day over). Somehow we survived. Eat the food or go and get a refund. What more do you want exactly?
  • alexlyne
    alexlyne Posts: 740 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    'use by' is a requirement based on that it may (note: may) cause harm if consumed after the date, and shouldn't be sold.

    Same happened to me a few years back (in Tesco). I took the offending item (pork pies mmmm) back expecting an apology and a refund. No apology from a rather rude cust services, so I took my pork pies back home and wrote to head office, who sent me £20 for my inconvenience.

    If it's a regular occurrence, get the council onto it, they like things like that.
    Oh and remember every time you go for takeaway and ask for something uncommon, chances are it's waaay past any date that may have been on it!
  • robbies_gal
    robbies_gal Posts: 7,895 Forumite
    Part of the Furniture 1,000 Posts
    i thought they werent allowed to sell anything past the date on the item?
    What goes around-comes around
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