We Hold Your Brief
Dear Counsel, A supermarket where I usually buy provisions for my household was closed down last year, when the owner died of cancer. For reasons I don’t really know, the shop remained closed for from November last year till a few weeks ago, when it was reopened under the management of another person.
As usual, I went to buy provisions for the children who were returning to school, after their mid-term break. A few days later, I got a call from the children’s House Master, informing me that, the provisions that my children brought to school had expired. In a panic, I rushed to the school, and found out that, it was indeed, true.
I went to the supermarket, and confronted them. Initially, they denied the allegations, but, I insisted that they allow me check the items on their shelves. They reluctantly agreed, and ‘lo and behold’, some of the items had expiry dates which has passed by weeks, and some by months. They promised to remove, all such items.
But, a few days later, when I went back there, I found that most of the products we had identified with expired dates, were still being sold, while some had the dates wiped off, totally. Most annoying is that, they refused to refund the money I had spent, to buy the expired products for my children.
What can we do legally, to protect the public from such sellers of expired products? Mrs S.E., Calabar, Cross River State
Dear Mrs. S.E., You owe it a duty, to immediately report this to relevant agency, the National Agency for Food and Drug Administration and Control (NAFDAC), which is responsible for the control and regulation of food, drinks and drugs.
However, it is a criminal offence, under the Criminal Code Act, Chapter 23 (Offences against Public Health) Section 243(1) : ‘Any person who sells, as food or drink, or has in his possession with intent to sell it as food or drink, any article which has been rendered or has become noxious, or is in a state unfit for food or drink, knowing or having reason to believe that the same is noxious as food or drink, or is in a state unfit for food or drink is guilty of a misdemeanour, and is liable to imprisonment for one year’.
You may also report this matter, to the Police. And, of course, they are bound to refund the money you paid for the expired items, you bought from their supermarket.