3

We manufacture and supply to retailers in the US, via a distributor, a trademarked liquid animal feed product. Recently we have discovered that one of the retailers has been wiping off the best before dates and batch numbers printed on the bottles and saying that we did never provided these details. I have been told they are allowed to a wipe these off. Is this legal? What can I do to stop it? Also, can we force the retailer to stop selling the product once it has expired or ideally close to expiry?

  • 1
    First thing you can do is use a less wipe-off-able marking. :P If they can no longer erase the evidence you ever printed them, then they have to lie better. But i presume you're talking about lawwise...? – cHao Apr 11 '18 at 14:12
  • 1
    My first step would be a strongly worded letter to the distributor informing them how much you disapprove of this practice by this retailer - their customer, and that you expect them (the distributor) to inform you how they will be putting a stop to it (failing which you'll be looking for a new distributor). Of course this assumes the "power relationship" between you and the disti is such that losing your product line might concern them... Is this the case, or are you a small part of their portfolio? – brhans Apr 11 '18 at 15:31
  • 5
    Put a note on the label: This product has a batch number and a Best Before Date. If this information is missing, do not purchase. – mkennedy Apr 11 '18 at 18:47
  • 1
    I would research into consumer protection regulations; it could be useful as a threat or last resort measure. – SJuan76 Apr 11 '18 at 20:03
  • 2
    This is probably a deceptive trade practice at a minimum and may violate FDA regulations as well. A complaint to the state AG or the FDA could trigger an agency investigation at government expense. – ohwilleke Apr 12 '18 at 0:13

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Browse other questions tagged or ask your own question.