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Conflicting Best Used Date on box and label

#expiration #bestuseddate #mislabel #mislabelling

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#1 richelleg

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Posted 11 November 2019 - 06:04 PM

Outside date on the box says 9/16/2021 however the can label is stamped with a best used by 9/16/2018. The supplier issued a statement that it was a mistake on their part printing the wrong best used date but the product inside the tin can is safe. Per FDA, "Except for infant formula, manufacturers are not required by Federal law or regulation to place quality-based date labels on packaged food." My questions if it's not required by law:

 

1. Would this require to inform all customers the conflicting dates who received this product even if the product is safe?

2. Would this be considered misbranding or food fraud of some sorts?

3. What would be your corrective actions?

 

Thank you.



#2 SQFconsultant

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Posted 11 November 2019 - 07:01 PM

This has happened a couple of times to our SQF clients - all of them opted to send the product back to the manfacturer.


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#3 richelleg

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Posted 11 November 2019 - 07:19 PM

Very difficult to do. It's imported. Withdrawal and disposal sounds like the solution.



#4 Ryan M.

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Posted 11 November 2019 - 09:02 PM

1. Would this require to inform all customers the conflicting dates who received this product even if the product is safe?  Not that I'm aware of.

2. Would this be considered misbranding or food fraud of some sorts? Possibly, difficult to prove though.

3. What would be your corrective actions?  None.  Your correction would be to not accept the product or send it out.  Corrective action would be to visually confirm the code dating on case and units.



#5 majoy

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Posted 11 November 2019 - 09:18 PM

Very difficult to do. It's imported. Withdrawal and disposal sounds like the solution.

 

Is this a retail-bound product? was this already distributed to retail? If so, this is a recall and maybe categorized misbranding. I assure you there are consumers who pay attention and you will receive a complaint, so better safe than sorry.

 

Is this is an ingredient that your company uses to manufacture your product? if yes, i will accept the supplier letter, keep on file and use the ingredient.


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#6 richelleg

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Posted 11 November 2019 - 10:28 PM

This can become retail-bound but it is usually distributed to an end user. This is manufactured oversees. The supplier is on file. The product has already been shipped out and it was a customer complaint. This is what I'm trying to figure out. Am I required to inform all the customers who received this product that there is a miscoding that the supplier mistakenly made.



#7 richelleg

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Posted 11 November 2019 - 10:29 PM

 

3. What would be your corrective actions?  None.  Your correction would be to not accept the product or send it out.  Corrective action would be to visually confirm the code dating on case and units.

 

The product has been shipped already. It is a customer complaint. What would your corrective action be? 

 



#8 Ryan M.

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Posted 11 November 2019 - 10:46 PM

Ok, the lack of context is confusing.  So you basically act as the distributor of the product?  Is it packed under your brand / label / name?  That will affect how you handle the situation.

 

If it is your brand, you need to protect it so you should withdraw and dispose.  Or, you can request your customers dispose of it with proof.

 

If it isn't your brand you can contact the brand over and ask how they wish to handle the situation.

 

Those are the corrections.

 

The corrective action I mentioned earlier stands.  Visually confirm the code dating on cases and units are accurate and match before you receive it.  If not, you reject it.  If you can, put that in a contract with your supplier although this may be difficult.



#9 richelleg

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Posted 11 November 2019 - 10:53 PM

So you basically act as the distributor of the product?  YES

Is it packed under your brand / label / name?  YES

If it is your brand, you need to protect it so you should withdraw and dispose.  Or, you can request your customers dispose of it with proof. THAT IS WHAT I WAS LEANING TOWARDS.

Visually confirm the code dating on cases and units are accurate and match before you receive it.  THIS WAS ONE LOT AND THEY ARE ALL DISTRIBUTED WITH ALMOST 50 CUSTOMERS.



#10 Ryan M.

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Posted 11 November 2019 - 11:02 PM

 

Visually confirm the code dating on cases and units are accurate and match before you receive it.  THIS WAS ONE LOT AND THEY ARE ALL DISTRIBUTED WITH ALMOST 50 CUSTOMERS.

 

 

What's your point?  Still vague.  Need more context...we can't read your mind.



#11 richelleg

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Posted 11 November 2019 - 11:59 PM

What's your point?  Still vague.  Need more context...we can't read your mind.

 

My point is that I do not have the products anymore. I cannot visually confirm the dating on cases and units and match before I receive it because like I said, they are all distributed, gone, not in the warehouse, with customers. What do you not understand?



#12 Ryan M.

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Posted 12 November 2019 - 01:01 AM

My point is that I do not have the products anymore. I cannot visually confirm the dating on cases and units and match before I receive it because like I said, they are all distributed, gone, not in the warehouse, with customers. What do you not understand?

 

I was referring to corrective action going forward.  Meaning, the future shipments of products you receive to verify the case and product label match.

 

The corrective action for this batch with the issue was already discussed with the withdrawal and destruction.






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