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Food Poisoning After Purchasing Expired Food

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  • 05-20-2008, 06:54 AM
    aymannada
    Food Poisoning After Purchasing Expired Food
    My question involves an injury that occurred in the state of: Michigan.

    This incident happened to me, my wife and my 8 months daugther.
    I am not sure if I got the right forum, but I will give it a shot and see your tips.

    My wife bought a Heshye's chocolate box about 2 months ago. When I ate of these chocolte, I got Diarrhea. I didn't figure out that it was from the chocolate or not. But couple days late, I took my daughter to the Hospital because she got severe Diarrhea for 3 consecutive days.

    Long story short, the Medical Hospital Records states that "It could be poisoned food".

    We though about that carefully, and we came up to the conclusion that it may be from the chocolate.

    We called Hersyheys and they told us that the chocolte is 2 years Old. The expiration dats was May or June of 2006, but CVS still sells these.
    Hershyes sent us coupons for the price of the boxes we got.

    Contacted CVS, and I found out that they are bunch of Liars. They asked for Medical Records from the Hospital, and when we gave them authorization, didn't even contact the Hospital....

    I feel that they are not taking the case seriously, and I am not sure if any body can suggest anything??

    Please advise..

    Regards,

    Dayman.
  • 05-20-2008, 07:12 AM
    cyjeff
    Re: Expired Hershey's Chocolate... 2006-2008
    Quote:

    Quoting aymannada
    View Post
    My question involves an injury that occurred in the state of: Michigan.

    This incident happened to me, my wife and my 8 months daugther.
    I am not sure if I got the right forum, but I will give it a shot and see your tips.

    My wife bought a Heshye's chocolate box about 2 months ago. When I ate of these chocolte, I got Diarrhea. I didn't figure out that it was from the chocolate or not. But couple days late, I took my daughter to the Hospital because she got severe Diarrhea for 3 consecutive days.

    Long story short, the Medical Hospital Records states that "It could be poisoned food".

    We though about that carefully, and we came up to the conclusion that it may be from the chocolate.

    We called Hersyheys and they told us that the chocolte is 2 years Old. The expiration dats was May or June of 2006, but CVS still sells these.
    Hershyes sent us coupons for the price of the boxes we got.

    Contacted CVS, and I found out that they are bunch of Liars. They asked for Medical Records from the Hospital, and when we gave them authorization, didn't even contact the Hospital....

    I feel that they are not taking the case seriously, and I am not sure if any body can suggest anything??

    Please advise..

    Regards,

    Dayman.

    What does the expiration date on the outside of the box say?
  • 05-20-2008, 07:27 AM
    aymannada
    Re: Expired Hershey's Chocolate... 2006-2008
    Quote:

    Quoting cyjeff
    View Post
    What does the expiration date on the outside of the box say?

    It doesn't say expired, and no way any body would be able to notice if it was expired or not without contacting Hershyes. It says something like that :

    14HR2
    D 8L

    And by the way, Hershyes said that it was expired on 2005 and not 2006. It was a typo mistake in my previous post.
  • 05-20-2008, 07:34 AM
    cyjeff
    Re: Expired Hershey's Chocolate... 2006-2008
    Every single digestible product has an expiration date on it.

    Sometimes it is stamped into the cardboard of the box. Can you look again?
  • 05-20-2008, 07:45 AM
    aymannada
    Re: Expired Hershey's Chocolate... 2006-2008
    Quote:

    Quoting cyjeff
    View Post
    Every single digestible product has an expiration date on it.

    Sometimes it is stamped into the cardboard of the box. Can you look again?

    It doesn't have anything.
    The exact code: 96J3B6J11;31 = October 2006

    It doesn't have any other expiration date or anything. But Hershye's told us that the above code means October 2006
  • 05-20-2008, 07:54 AM
    cyjeff
    Re: Expired Hershey's Chocolate... 2006-2008
    Here is what you do.

    Go to the manager of the store where you bought the chocolate. Bring your receipt for the purchase with you and your medical expenses.

    If the manager does not give you the answers you want, get an attorney and bring suit.
  • 05-20-2008, 08:07 AM
    Mr. Knowitall
    Re: Food Poisoning After Purchasing Expired Food
    Quote:

    Quoting aymannada
    View Post
    My wife bought a Heshye's chocolate box about 2 months ago. When I ate of these chocolte, I got Diarrhea. I didn't figure out that it was from the chocolate or not. But couple days late, I took my daughter to the Hospital because she got severe Diarrhea for 3 consecutive days.

    Long story short, the Medical Hospital Records states that "It could be poisoned food".

    "Could be" isn't good enough for a lawsuit. You still have some of the chocolate, apparently, so have it tested. I suspect, though, that you will find that the chocolate is not contaminated.
    Quote:

    Quoting cyjeff
    View Post
    Every single digestible product has an expiration date on it.

    Although most foods have expiration dates, the requirement is a lot less stringent than you believe, and the dates are largely advisory (as in, stores can usually keep selling "expired" food).
  • 05-20-2008, 08:09 AM
    525601minutes
    Re: Food Poisoning After Purchasing Expired Food
    If it was just a code on the box how is the store that sells it supposed to know when to pull it from their shelves? And even if there was an actual expiration date (unnoticed by the OP) how can the OP prove that the chocolate was not just sitting on their own cupboard shelf for a few years? I just don't see how this is the store's fault - please explain...
  • 05-20-2008, 08:15 AM
    Baystategirl
    Re: Food Poisoning After Purchasing Expired Food
    Why would anyone feed chocolate to an 8 month old child??
  • 05-20-2008, 08:38 AM
    aaron
    Re: Food Poisoning After Purchasing Expired Food
    Flashback to Mr. Mom. ("Are you crazy? You don't feed a baby chili!")

    I believe that the principal concern with chocolate is the possibility of an allergic reaction.
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