Asda fined £640,000 for food safety breaches

The supermarket chain was issued a £640,000 fine following inspections at two of its branches in Cardiff which identified more than 100 food items on display that were past their ‘use by’ date. The inspections, which followed customer complaints, were carried out by officers from Trading Standards Wales on six separate occasions between January and June 2024.

Some food products identified in the inspections were found to be up to seven days past their use by dates – the date after which the UK’s Food Standards Agency (FSA) says food is unsafe to eat, unless it has been cooked or frozen. In 2020 a ruling by the High Court in London confirmed it was a criminal offence to offer for sale or otherwise transfer perishable food which was past its use by date, regardless of any evidence that might demonstrate the safety of the food for consumption.

In May, Asda pleaded guilty to four charges of selling unsafe food in its Cardiff stores. As well as a £640,000 fine, the court also ordered the retailer to pay £15,115 in prosecution costs and a victim surcharge of £2,000.

The case follows two separate investigations by trading standards teams in England – in Derbyshire in 2024 and in Cornwall earlier this year – that identified other Asda stores that had displayed food being sold beyond its use-by date. In these two cases, the supermarket was similarly issued a £250,000 and £410,000 fine, respectively, for food safety breaches.

Zoe Betts, a food safety law expert at Pinsent Masons, said the fines were indicative of regulators’ growing willingness “to take action where food safety is compromised”.

Betts also pointed to the challenge posed by the growing number of major food retailers opting to abandon ‘best before’ dates – which relate to food quality rather than food safety – on many of their fresh products in a bid to reduce their environmental impact.

Amidst increased societal efforts to reduce food waste and the pressures placed on businesses to reverse the impact of their food production on climate change, she said the FSA has “been at pains” to reiterate its position on the use of best before and use by dates, consistently reminding businesses of their duties in relation to labelling.

Betts said the underlying message behind the recent fines was clear: “While efforts to reduce waste and limit the environmental impact of food production are to be applauded, care must be taken,” she said. “Regulations around labelling are in place for a reason and the regulators stand ready to enforce them. Businesses will be expected to ensure that the correct labelling is applied to their products, including in relation to use by dates. Consumer safety must not be compromised and enforcement action will be taken where failure occurs.”