Good question: are you entitled to compensation if the supermarket issues a food warning?
It won’t be the first time we’ve had a minor heart attack because a supermarket issues a food warning. For example, Jumbo recently recalled its liver sausage spread because of a listeria bacterium, Albert Heijn warned about pieces of metal in spelt bread and Lidl made the news because of production errors on the packaging of its Indian-style meatballs. But if you happen to have a product at home that receives a food warning, what are you actually entitled to?
Compensation, for example? Or do you simply get a new piece of liver sausage spread, loaf of bread or portion of meatballs? Casper Janssens, a consumer law attorney, explains.
Have you eaten it or not?
According to him, there is an important difference between whether or not you have eaten the product. If the product is untouched in your (refrigerator) cupboard, you will get your money back or a replacement product. But if you have eaten it and consequently need to go to hospital, things become more serious.
This is what you should do
Are you ill because of the product that is subject to a food warning? There are several options. You can try to resolve the matter with the producer or manufacturer. In this case, the amount of the damage determines exactly whom you need to contact. If the amount is under €500, the seller is liable. For an amount above €500, you need to contact the manufacturer or importer. If you cannot reach an agreement with the liable party, or if you have suffered serious injury because of the product, it is advisable to hire a lawyer and possibly take the matter to court. You may be entitled to compensation.
Determining the damage is difficult
According to Janssens, it is often difficult to determine the extent of the damage, both material and non-material. Especially when compensation for pain and suffering is involved. Fortunately, this does not happen often in the Netherlands. Conclusion: return to the shop once the warning is known, and hope it does not come to that.
Also read:
- Website collects product warnings: a frightening number of products are unsafe
- Warning: your orange juice contains… bugs
- Jumbo issues food warning: spinach may be contaminated with fecal bacteria
Source: Radar/AvroTros
