Compensation for damages caused by expired foodstuffs

Abstract

     Food, in general, plays a vital role in human life. The issue of compensating individuals harmed by expired food products is an important subject. Hence, it is essential to provide safe, sound, and suitable food for human consumption. Determining the expiration date of food products is one of the fundamental and necessary requirements for buyers to ensure that the product fulfills its intended purpose of consumption. The expiration of food products' validity period renders them spoiled, defective, and unfit for human consumption. Consequently, they must not be consumed as they threaten individual’s life. In this research, we have addressed one of the crucial consumer protection issues arising from damages caused by expired food products - specifically compensation including the procedures for claiming it, the types of compensable damages, the competent authority responsible for its assessment, as well as the guarantees for its fulfillment or recovery. For this purpose, it is necessary to refer to the relevant laws, including the Iraqi Civil Code and the Consumer Protection Law, to demonstrate the effectiveness of these laws in ensuring that the affected party obtains compensation. The study concluded that although the Consumer Protection Law aims to safeguard consumer rights, it does not serve as a significant pillar or guarantee for achieving compensation. Therefore, it was necessary to revert to the general rules stipulated in the Civil Code, which means requiring the buyer to prove liability. This poses a difficulty in securing their compensation. Accordingly, the study recommends the necessity of amending the Consumer Protection Law to hold both the supplier and the advertiser liable for damages caused to consumers and to mandate that they obtain civil liability insurance for breaches of the obligations stipulated under the law.  

 Key Words: Expired food products, Expiry date, Types of damage, Compensation assessment, Forms of compensation