Glass Found In Chicken Tikka Chunks
The Law Of… recalling food products
SPAR retailer is recalling its Tikka Chicken Chunks because it may contain small pieces of glass which pose an obvious threat to consumers.
Dawn Rose, a Personal Injury Solicitor at Simpson Millar, discusses the recall of explains that many may have the potential to make a defective product claim.
The Dutch retailer issued a recall this week for their Chicken Tikka Chunks as the product was tested positive for 'possible glass contamination' and as a result, consumers have been warned not to consume the product and contact the store it was bought from to gain a full refund.
A notice on the Chartered Trading Standards Institute (CTSI) has not appeared, however the Food Standards Agency was quick to put out the recall. Point of sale notices are going to be displayed in all stores that sell the product to ensure the safety of consumers. The retailer has also issued an apology to customers, saying: "SPAR would like to apologise to customers for any inconvenience caused."
Product recalls are common as retailers and businesses and can often create an outlook of mistrust among consumers. There is a process to follow if a product is released to consumers that contains a defect. But, this process is not always followed.
What Should I Do if I Have A Product That Has Been Recalled?
If you have been notified that a product you have purchased has been recalled, it is important to follow the instructions provided by the retailer. The instructions will normally require you to return the product, though in some cases, they may ask you to destroy it rather than return it. You should also contact the exact store you bought it from in order to arrange a refund for the defective product.
It can sometimes be difficult to know if a food product you have bought is defective, so it’s a good idea to keep an eye on the Food Standards Agency alerts, which you can sign up to via email.
You can also use the Food Standards Agency to report any food problems in the UK.
What Responsibility Do Shops Have To Keep Consumers Safe?
Product recalls and liability are covered by the Consumer Protection Act 1987, which outlines how those involved in the supply of goods to consumers are liable for any damages caused by defective products.
When a retailer discovers an unsafe product, they have a responsibility to issue a product recall notice. This is to ensure the risk is minimised to all consumers.
Can I Claim Compensation For A Defective Food Item?
Most of the time, defective products are spotted and a recall is then promptly issued via the Food Standards Agency. This is not always the case, though - and there have been times where defective food products have caused significant harm to consumers.
There are some points to consider when making a claim over defective food items:
- Check that the company hasn’t issued a recall on the product
- Liability with food products can be quite difficult to prove as a claim needs to prove causation. The defect itself needs to be proven, (so don’t throw the product away) and a link between the damage and the product also needs to be established
- Connection between illness and product can be contested by businesses. A claim can be strengthened when multiple claims are made by different parties. It can be useful to reach out to others who may have been affected
- Remember that there is a 3 year time limit on these types of claims
"Retailers have a responsibility to ensure that their products are safe for buyers. If a defect is discovered, a recall has to be issued with immediate effect."
"It is quite rare for a company not to discover faults with products and in turn implement a recall. This ensures the consumer is kept safe from any harmful mistakes, however this is not always the case and all claims of personal injury from any product – food or otherwise - should be taken seriously."
"It’s good to see the fast action of SPAR and their willingness to admit responsibility. In future, it's good practice for other companies to follow in their footsteps should a similar situation arise to ensure the safety of the consumer."