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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22322
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I just bought a cadbury fruit and bar after eating some

Customer Question

Hi i just bought a cadbury fruit and nut bar after eating some pieces i realised it was infested with maggots and before i found out i threw up not knowing why. I am under the mental health act and on several medications and i have become paranoid about buying food now. Each item i buy i am closely inspecting it before i consume it. What should i do? Should i contact the company and try settle out of court? Is there any way i can successfully sue Cadbury inc? Btw the chocolate i bought was past the best before date.
Submitted: 3 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 3 months ago.

The problem is that the evidence has now been destroyed. If you had kept this you would have rights under the Consumer Guarantees Act to get a replacement and some modest compensation. They do have obligations to sell products which are of good quality. The fact this past the use by date would possibly mean that you took a risk in consuming this product however, and may be the response even if you had the evidence

Customer: replied 3 months ago.
I stil have proof. There is still 3 pieces infested with maggot holes and webs and also 1 live maggot.
Expert:  Chris The Lawyer replied 3 months ago.

I would suggest you share this with the manufacturer and with the shop you bought this from, and ask for a replacement and some compensation. Normally this is relatively small in New Zealand.

Customer: replied 3 months ago.
Also i did not know it was an expired product i assumed it was new and not passed its best before date
Expert:  Chris The Lawyer replied 3 months ago.

Did you buy this from a local shop?

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