Sale of Outdated Food Products Deemed Misleading Sales Practice

Stop & Shop Supermarket was found to have violated deceptive practice laws by selling expired food and toiletries. The court found that such practices could mislead a reasonable consumer as to the quality or grade of that product. The court held that allowing those items to remain on the store shelf was an affirmative representation that those items were of normal quality and suitable for use. The store’s argument that each product was date marked and therefore not misleading was rejected by the Court because a reasonable consumer could nonetheless be mislead.