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Emergency

Bought spoiled or expired food: money back and report it

Spoiled, moldy food or food sold past the use-by date is defective. You are entitled to a replacement or your money back. In cases of health impairment, further claims arise, and you can report the incident to the food safety inspection.

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Your chances of getting your money back

Spoiled or expired food is defective; you can demand a replacement or reimbursement (§ 437 BGB). With the 'use-by date' (verbrauchen bis) the goods may no longer be sold at all after expiry.
If you become ill from spoiled goods, damages and compensation for pain and suffering come into consideration. Keep the product, receipt and, if possible, a sample, and see a doctor in case of complaints.

What you should do now

  1. 1

    1. Secure evidence

    Photograph the product, packaging with the date and the receipt. Keep the goods (refrigerated) as evidence.

  2. 2

    2. Complain in the store

    Turn to the seller and demand a replacement or reimbursement. A receipt helps but is not mandatory if you can prove the purchase otherwise.

  3. 3

    3. See a doctor in case of illness

    In case of complaints, see a doctor and document the connection, which is important for possible damage claims.

  4. 4

    4. Inform the authority

    Report serious cases (mold, expired goods on the shelf) to the food safety inspection of your city/district so that others are protected.

How to spot the scam

  • Products past the use-by date ('zu verbrauchen bis') are on the shelf.
  • The seller refuses a replacement citing a missing receipt.
  • Spoiled goods are relabeled or newly dated.

Frequently asked questions

Do I get my money back with spoiled goods?

Yes. Spoiled food or food sold past the use-by date is defective. You are entitled to a replacement or reimbursement (§ 437 BGB). Secure the product and proof as evidence.

Do I need the receipt?

It makes the complaint easier but is not the only way to prove the purchase (e.g. bank statement, witnesses). If the seller refuses solely because of the missing receipt, this is often not justified.

Where do I report spoiled food?

To the food safety inspection (veterinary and food supervision office) of your city or district. This is important if a store repeatedly offers spoiled or expired goods.

Take action now

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.