Asda Stores Ltd has been fined £410,000 for selling out-of-date food at two of its Cornwall Stores.
The fine comes after an investigation by Cornwall Council’s Trading Standard’s Team following a number of complaints to them by customers.
Any food displayed for sale past its use-by date is legally deemed to be unsafe.
After receiving a number of consumer complaints, Cornwall Council’s Trading Standards team launched a county-wide investigation into the sale of out-of-date food at supermarkets.
During an inspection at Asda’s Penryn store on October 30, 2023, Trading Standards officers found 58 food items on shelves past their use-by date, several of which were aimed at children.
Many of the items were ready to eat foods including children’s yoghurts which were nearly four weeks past the use-by date.
An inspection at the Asda store in Hayle on November 1, 2023, found a further four items past the use-by date.
On Wednesday 23 April, 2025, at Plymouth Magistrates’ Court Asda Stores Ltd pleaded guilty to two charges of having unsafe food on offer for sale contrary to regulation 19 of the Food Safety and Hygiene (England) Regulations 2013.
The charges referred to 62 food items that were past their use-by date.
The case was heard by District Judge Jo Matson who said that although there were systems in place to prevent the sale of food after the expiry of the use by date, they were not adhered to.
She added that after concerns had been raised by customers and Trading Standards officers, the actions taken by Asda were not sufficient.
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Asda Stores Ltd was ordered to pay a fine of £410,000, prosecutions costs of £20,582.70 and a victim surcharge of £2,000.
Use-by dates are applied to highly perishable foods that could pose a serious health risk if consumed after this date and Food Standards Agency guidance states they should not be eaten.
Jane Tomlinson, Trading Standards Group Leader at Cornwall Council, said: “We are committed to ensuring that the food sold to consumers is safe and it is disappointing that on these occasions, we found items for sale which could have presented a danger to the public.
“Consumers should be confident that the food they buy is safe to eat. We hope that the steps Asda Stores Ltd have now put in place will prevent the sale of out-of-date food in future.”
An Asda spokesperson said: “The safety of our customers is always our top priority, and we regret that out-of-date products were found on sale at two of our Cornwall stores during October and November 2023.
"Since these instances, we have implemented a new date code checking process in all stores, ensuring that every short life product is checked daily.”
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