Ingredients advertised on food products incorrectly

tony85N

My daughter has allergies, one of which is milk. So we buy her milk-free spread. The particular brand from Naturli has "milk free zone" written in large font on the front of the package. (This is still prominently visible on their website.)

Today in the supermarket there was a sign on the noticeboard (which I doubt many people read) as we were leaving saying this product may contain milk and to return it for a re-fund.

We're quite angry about this because of the significant pain she goes through when exposed to milk, and the stress we've had of thinking we'd made a mistake in what we feed her but having no idea where the mistake was made.

Is there not some consumer rights law that holds companies accountable for not sticking to what they write on their products?

davidmcn

Well yes, that's why they're doing the recall. And they'd be liable if any consumers had actually suffered ill-effects because of the error.

societys_child

Is there not some consumer rights law that holds companies accountable for not sticking to what they write on their products?

Of course, and as already said, thats why it's being recalled, it doesn't pay out any compo though . .

Aylesbury_Duck

tony85N wrote: »

My daughter has allergies, one of which is milk. So we buy her milk-free spread. The particular brand from Naturli has "milk free zone" written in large font on the front of the package. (This is still prominently visible on their website.)

Today in the supermarket there was a sign on the noticeboard (which I doubt many people read) as we were leaving saying this product may contain milk and to return it for a re-fund.

We're quite angry about this because of the significant pain she goes through when exposed to milk, and the stress we've had of thinking we'd made a mistake in what we feed her but having no idea where the mistake was made.

Is there not some consumer rights law that holds companies accountable for not sticking to what they write on their products?

Yes, that's why they're recalling the product.

Has your daughter experienced any ill effects after consuming the product?

shaun_from_Africa

Mistakes happen but it's how those mistakes are dealt with that's important and it seems to be that the manufacturer are doing all that they can.

https://www.naturli-foods.com/naturli-foods-is-recalling-naturli-organic-vegan-spreadable/

DCFC79

The notice said it may contain milk, at least they (they being the manufacturer and retailer) have put a notice up advising you to return the item for a refund.

OP has your daughter suffered any ill effects from eating the spread ?

hollydays

I was in Morrisons yesterday and saw some big signs on a shelf, next to some product saying it had been recalled, for containing milk, so perhaps the signs are on all shops shelf edge labels too, not just the notice board.

eddddy

tony85N wrote: »

Is there not some consumer rights law that holds companies accountable for not sticking to what they write on their products?

The recall, and all the circumstances relating to it, will have been reported to the Food Standards Agency.

I guess the FSA will review the info and decide how negligent the company has been, and/or review how often they have been negligent in the past.

Then the FSA will decide what action to take, which could include prosecution.

peachyprice

eddddy wrote: »

The recall, and all the circumstances relating to it, will have been reported to the Food Standards Agency.

I guess the FSA will review the info and decide how negligent the company has been, and/or review how often they have been negligent in the past.

Then the FSA will decide what action to take, which could include prosecution.

Not necessarily, the manufacturer may have realised the mistake themselves and issued the recall. In fact if you read the link above that is exactly what it sounds like.

Paul_DNAP

peachyprice wrote: »

Not necessarily, the manufacturer may have realised the mistake themselves and issued the recall. In fact if you read the link above that is exactly what it sounds like.

It is the law in the UK that EVERY food safety incident (withdrawal or Recall) has to be reported to the Food Standards Agency or Food Standard Scotland. And there will always be an investigation at a regulatory level.

steampowered

If your daughter suffered ill effects, the manufacturer would have strict liability for that under the Consumer Protection Act 1987.

The supermarket may also be liable for the goods being not as described. The manufacturer would no doubt have to reimburse the supermarket for any compensation paid, under the terms of the contract between the manufacturer and the supermarket.

So yes, if your daughter suffers ill effects as a result of this you could absolutely make a claim against the manufacturer or the supermarket.