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What Happens If I Bought Expired Food?

5 min read

According to the CDC, roughly 48 million people in the United States get sick from foodborne illnesses each year, and buying or consuming expired food can be a potential cause. If you've discovered you have purchased an expired product, knowing the correct steps to take is crucial for both your health and your consumer rights.

Quick Summary

This guide explains the difference between 'use by' and 'best before' dates, outlines the potential health risks of consuming spoiled food, and details the steps for getting a refund or reporting a vendor.

Key Points

  • Know Your Dates: Understand the difference between 'use by' (safety) and 'best before' (quality) dates to assess the risk of expired food.

  • Avoid Consuming 'Use By' Items: Never eat food past its 'use by' date, even if it appears fine, due to potential dangerous bacterial contamination.

  • Report 'Use By' Violations: It is illegal for retailers to sell items past their 'use by' date. Report the store to your local health department or consumer protection agency.

  • Check Your Senses for 'Best Before': Food past its 'best before' date can often be consumed safely; use your senses of smell, sight, and taste to determine freshness.

  • Demand a Refund: If you purchased an expired item, you are entitled to a refund. Bring the product and your receipt back to the store.

  • Seek Medical Help for Symptoms: If you experience severe food poisoning symptoms like high fever or bloody diarrhea, seek immediate medical attention.

  • Store Food Properly: Proper storage, as detailed by the USDA's FoodKeeper app, is essential for extending shelf life and ensuring safety.

In This Article

Understanding Food Date Labels

Before taking action, it is essential to understand the different types of date labels on food packaging, as they signify different things regarding safety and quality. Most labels are about quality, not strict safety, with the exception of 'use by' dates on perishable goods.

The 'Use By' Date

This label is typically found on highly perishable items like fresh meat, fish, and dairy products. A 'use by' date indicates when a product can be consumed safely. It is illegal for a retailer to sell food past this date because it may pose an immediate danger to human health due to bacterial growth. If you bought an item past its 'use by' date, you should not consume it, even if it looks and smells fine, and you are entitled to a full refund.

The 'Best Before' Date

Found on more stable, non-perishable items like canned goods, cereals, and frozen foods, this date is a quality indicator rather than a safety warning. After this date, the food may lose some of its flavor, texture, or nutritional value, but it is generally still safe to eat, provided the packaging is undamaged. Selling food past its 'best before' date is not illegal, but you can request a refund if you feel the quality has significantly deteriorated.

Potential Health Consequences of Consuming Expired Food

While some foods can be safely eaten past their date labels, consuming spoiled food or items past their 'use by' date can lead to various health problems. The severity depends on the type of food, how far past the date it is, and storage conditions.

Common Symptoms of Food Poisoning

Food poisoning is a common consequence of eating contaminated food and can cause a range of unpleasant symptoms. These include:

  • Nausea and vomiting
  • Diarrhea (which can sometimes be bloody in severe cases)
  • Stomach pain and abdominal cramps
  • Mild to high fever
  • Headache and general weakness

Severe Complications

In rare but serious cases, food poisoning can lead to more severe complications, particularly in vulnerable populations like children, the elderly, and those with weakened immune systems. Severe symptoms warrant immediate medical attention.

What To Do If You Get Sick

If you believe you have become ill from expired food, there are important steps to take:

  • Stay calm and monitor your symptoms.
  • Hydrate by drinking plenty of water or an oral rehydration solution.
  • Do not take anti-diarrhea medicines without consulting a healthcare professional.
  • Contact your doctor if symptoms worsen or include bloody diarrhea, high fever, or severe dehydration.
  • Keep the food packaging if possible, as it may be needed for an investigation or refund.

What to Do if You Bought Expired Food

Once you have determined the type of date on the product, you can follow the appropriate course of action.

Step 1: Check the Date and Product Type

  • 'Use By' Date: If the item is past its 'use by' date, do not consume it. Take the product and your receipt back to the store for a full refund.
  • 'Best Before' Date: If the product is past its 'best before' date, use your senses to check for spoilage. If it looks, smells, or tastes off, you can return it. If it seems fine but the quality is subpar, you may still be able to get a refund or store credit.

Step 2: Contact the Retailer

Return to the store with the product and proof of purchase. Explain the situation clearly to a manager. In most cases, a reputable store will offer a refund or replacement to maintain good customer relations. Some stores even have specific policies for this, like selling 'best before' items at a discount.

Step 3: Escalate the Issue (If Necessary)

If the retailer refuses to cooperate, especially for a 'use by' violation, you have further options:

  • Contact Local Health Authorities: Report the incident to your local environmental health officer or consumer protection agency. Selling food past its 'use by' date is illegal and could lead to fines or penalties for the business.
  • File a Complaint with Consumer Protection: In many jurisdictions, consumer protection laws protect buyers from being sold unsafe products. Filing an official complaint can hold the business accountable.
  • Write a Formal Complaint: A formal letter or email to the company's head office detailing the issue, including dates, times, and names of staff you spoke with, can prompt a faster resolution.

Comparison: 'Use By' vs. 'Best Before' Dates

To avoid confusion, here is a helpful comparison of the two most common food date labels.

Feature 'Use By' Date 'Best Before' Date
Applies To Highly perishable foods like dairy, meats, and deli salads. Non-perishable or shelf-stable goods like canned items, pasta, cereal, and frozen foods.
Meaning Relates to food safety. The product should not be consumed after this date. Relates to food quality. The product will be at its peak quality before this date, but may still be safe to eat after.
Legality of Sale Illegal to sell products past this date. Legal to sell products past this date, often at a reduced price.
Risk of Spoilage High, even if visual and smell tests seem okay due to dangerous bacterial growth. Low, generally related to a decline in flavor or texture.
Consumer Action Discard immediately and seek a refund from the retailer. Use sensory judgment (smell, look, taste). Return if quality is unsatisfactory.

Conclusion

Buying expired food can be a frustrating experience and a potential health hazard. By understanding the critical distinction between 'use by' and 'best before' dates, you can make informed decisions that protect your health and consumer rights. If you discover a product is past its 'use by' date, the safest course of action is to discard it and seek a refund, reporting the incident to authorities if necessary. For 'best before' products, trust your senses but know that you can still pursue a refund for unacceptable quality. Proper food handling and awareness are key to minimizing health risks and food waste.

Reduce Food Waste with Smarter Habits

Beyond navigating expired products, there are steps you can take to minimize food waste at home and avoid future incidents:

  • Store Properly: Use the USDA's FoodKeeper App to learn the best storage practices for various products.
  • Rotate Stock: Follow the 'First In, First Out' (FIFO) rule by placing newer groceries behind older ones in your pantry and fridge.
  • Meal Plan: Planning your meals for the week can help you buy only what you need and use ingredients before they spoil.
  • Freeze Items: If you can't use an item before its peak quality expires, freeze it to extend its life.

Frequently Asked Questions

It is illegal to sell food past its 'use by' date, as this is a safety measure. However, it is not illegal to sell products past their 'best before' date, which only indicates a decline in quality.

If you have already eaten expired food, monitor your symptoms closely. Stay hydrated by drinking plenty of water. If you experience severe symptoms like high fever, bloody diarrhea, or signs of dehydration, seek immediate medical attention.

Yes. Foodborne illness is caused by contamination with harmful bacteria, not just natural decay. Improper handling, storage, or cooking can contaminate food even if it is within its date guidelines.

Trust your senses. Use the 'sniff test' to check for unpleasant odors, and examine the food for changes in color, texture, or the presence of mold. For canned goods, look for bulging, severe dents, or leakage.

Most reputable stores will provide a full refund or exchange for expired products, especially if it is past its 'use by' date. You should bring the product and receipt for a smoother process.

The USDA FoodKeeper app is a free tool that provides guidance on the shelf life of hundreds of food and beverage products when stored in the pantry, refrigerator, or freezer.

If a retailer is uncooperative about a 'use by' violation, you should contact your local environmental health officer or consumer protection agency to file a formal complaint.

Medical Disclaimer

This content is for informational purposes only and should not replace professional medical advice.