Can I sue a food company if the product box is labeled “guaranteed freshness” and a sealed package has mold growing inside?

Asked on March 24, 2014 under Personal Injury, Massachusetts


Anne Brady / Law Office of Anne Brady

Answered 6 years ago | Contributor

Whether you have a cause of action and against whom probably depends on whether the product had an expiration date on it and whether that date had passed when you purchased the product.  Even if you have a cause of action, your damages are going to be limited to the price of the product.  If you ate the food even though it had visible mold growing on it, that is assumption of the risk.

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