Woolworths fined for selling expired baby formula in Cairns


September 04, 2019 11:34:59

Woolworths has been fined $50,000 for selling expired baby formula at a Cairns supermarket, the second time the store has been caught out.

Key points:

  • Queensland Health officers discovered several expired tins across several different brands
  • The company was also ordered to pay $1,800 in costs and a conviction was recorded
  • The company was fined $45,000 in court over a similar incident in 2016

The company sold five tins that had been expired for five months at its Abbott Street shop in the CBD, the Cairns Magistrate Court has heard.

Woolworths’ legal representatives pleaded guilty on behalf of the company, but downplayed the severity of the incident.

The company was also ordered to pay $1,800 in costs and a conviction was recorded.

An off-duty Queensland Health officer discovered the out-of-date tin in July last year while shopping at the supermarket.

Queensland Health officers returned the next day in an official capacity and discovered several more expired tins across several different brands.

Barrister Stephanie Williams, acting on behalf of Queensland Health, told the court the offence was of a serious nature, given the nutrients in infant formula degraded over time.

She also told the court it was not the first time that particular store had sold expired tins of baby formula.

The company was fined $45,000 in court over a similar incident in 2016.

“There is a lack of action by the defendant,” Ms William said.

“A lack of motivation to implement training for staff.

“They [Woolworths] have a recalcitrant attitude.

“It’s too little, too late.”

‘Babies put at risk of inadequate nutrition’

Barrister Barry Dean, acting for Woolworths, said they “objected to the seriousness of the offence” outlined in the prosecution’s case.

“These were dried items inside sealed containers with limited exposure to oxygen or sunlight,” Mr Dean said.

He also said that “ultimately there was always going to be human error” but that “Woolworths wants to do better”.

Furthermore, the court heard extra staff training had been rolled out since the incident.

In sentencing, Magistrate Janelle Brassington told the court the expired formula was “significantly passed it’s used-by date”.

“It is a serious breach of the legislation,” she said.

“Formula provides a sole source of nutrition for some infants.

“They [infants] are extremely vulnerable.

“When you are dealing with infants aged 0-6 months the existence of any risk is of great concern.”

She also noted that while no one became ill due to the expired products, it could have led “to the potential risk of inadequate nutrition” for babies.

She also noted Woolworths had shown “significant remorse” and rolled out better education and training for staff around long-life products.








First posted

September 04, 2019 11:06:46

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