Expired product entitles you to another for free? See what the law says after confusion in SC market
A customer at a market in Joinville, Brazil, attempted to take expired products for free, leading to a police intervention and a discussion about consumer rights regarding expired goods.
A recent incident in Joinville, Brazil, drew police attention when a customer attempted to procure expired products from a market without payment, claiming her entitlement under local law. The market owner countered that this customer was acting in bad faith, referencing previous incidents where she allegedly used similar tactics. This confrontation raised questions about consumer rights concerning expired items in stores, particularly considering the legal framework governing such cases.
According to state law nº 17.132/2017 in Santa Catarina, a consumer who finds expired food items for sale is entitled to receive a similar item for free. This legislation aims to protect consumers and ensure that they are not penalized for a retailer’s oversight in displaying, selling, or allowing expired products to remain on shelves. However, the Procon of Santa Catarina clarified that consumers must report the expired item before making a purchase to claim a free replacement, and the case brought to light the importance of understanding and following this legal procedure.
The incident not only highlights the rights of consumers but also emphasizes the responsibilities of market owners to manage their inventory properly and comply with consumer protection laws. The involvement of police showcased how misunderstandings around such laws could escalate and highlighted the necessity for both parties to be aware of consumer rights, as well as the laws governing the sale of goods in Brazil, to avoid similar conflicts in the future.