Legal Question in Consumer Law in Florida

Selling expired grocery

I'm a wholesaler living in country of Belize.I (through a friend in Miami) ordered about $8000 worth of grocery and animal food from a food company(Jetro) in Miami.

Upon arrival of the goods, I noticed that most of the stuff that they sent me are either expired or soon to be expired.

And some of the goods contain bugs.

Belize is a small country in Central America and it seems to me that Jetro company is trying to get rid of their outdated stuff in other coutries because they can't sell them in the United States.

I would appreciate any advice and help.

Thank you


Asked on 1/26/07, 11:13 am

2 Answers from Attorneys

Johm Smith tom's

Re: Selling expired grocery

It sounds like you are correct. Grocery stores are permitted to donate similar products to public service organization to feed the poor before the food goes bad as expiration dates are not always accurate measures of when food is no longer safe to eat. Selling the food to someone outside the US is simply a way for them to try to make money on these old goods. You should look to the terms of your contract with the seller and consider whether the price was too good to be true.

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Answered on 1/26/07, 11:37 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Selling expired grocery

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Without reviewing the terms of your contract with Jetro, I am unable to say whether or not the contract was breached. If you did not agree to purchase expired products, then I would believe that their actions are not conforming to your agreement and may be actionable under Florida law.

Jetro is a major retailer/wholesaler of foods to mom and pop stores and would probably resolve this problem to avoid negative publicity if they have indeed breached the contract. I strongly suggest that you contact a qualified Florida attorney to review the actual contract and provide a legal opinion.

Scott R. Jay, Esq.

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Answered on 1/26/07, 12:19 pm


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