What can I do if a shop sold me an expired product?

Question

I found out after purchase that the food or medicine I bought had already crossed its expiry date. I want to know what action I can take. I would like to understand which provision governs this, what it entitles me to, and how long I have before the remedy lapses. I also want to know whether I need a lawyer for this or can do it myself.

MyVakeel Legal Desk · Accepted Answer

In India, the answer to "What can I do if a shop sold me an expired product?" turns on Consumer Protection Act 2019, Section 2(11), Food Safety and Standards Act 2006, Section 59 and Drugs and Cosmetics Act 1940, Section 27. The points below set out the position and then what to do about it, in the order it should be done.

Selling an expired product amounts to a defect in goods under Section 2(11) of the Consumer Protection Act 2019, since the goods no longer meet the quality claimed on the label.

For expired food items, Section 59 of the Food Safety and Standards Act 2006 makes selling unsafe or substandard food an offence with fine and imprisonment depending on harm caused.

For expired medicines, Section 27 of the Drugs and Cosmetics Act 1940 treats sale of an expired or spurious drug as a serious offence with stringent penalties.

You can claim a refund, replacement and compensation for any injury or distress caused, and also seek punitive action against the seller for continuing to stock expired goods.

The consumer commission can order the seller and the manufacturer jointly to compensate you if the expiry was concealed or overlooked negligently.

What to do next: 1) Preserve the expired product with its packaging and the purchase bill; 2) Report the shop to the local food safety officer or drug inspector as applicable; 3) File a consumer complaint seeking refund and compensation; 4) Seek medical treatment records if you suffered any adverse effect.

If you are unsure whether your facts fall inside Consumer Protection Act 2019, Section 2(11), that is worth checking with an advocate before you commit to a route, because switching later costs time. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in consumer law.