Complaints

• Initial Complaint

  11/26/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I purchased (Doritos Nacho Cheese Tortilla Chips, net weight **** ounces) last week and after eating a few chips, my first reaction was that the chips were stale (expiration date August 2023). I didn't think much of it and although the chips were stale, I finished them in my car and drove away from the store located on 32nd street in **********. A few days ago, I purchased the same item and again the chips were stale. Since this was the second bag I purchased in less than a week, I went back and spoke to the store clerk. I told him that the chips were stale and that the remaining bags in inventory should be pulled from the shelf. He said he would talk to the owner and also told me that he is not allowed to offer a refund. I returned to the store today (November 26th, sometime in the afternoon) and spoke to the same gentleman (I believe he is a recent hire) to buy a soda and l was surprised to see that the same stale chips were were still being sold. I asked the clerk to explain why the chips were not pulled from the shelf. He said that the owner is aware that the chips are expired but wants the shelves to be fully stocked and that the owner has a "buyer be ware" policy, meaning that it's my fault for purchasing stale chips. The clerk also told me he discourages people from buying certain products because they are past their expiration date. I knew this was a lie because he was the same person who I purchased both bags of chips from in two different transactions. On the second transaction, he never discouraged me from purchasing the product in question. I also plan to call Frito Lay to let them know that Starving ***'s continues to sell expired items. I want someone from corporate HQ's to call me and I want a refund for the two bags of chips I purchased and an apology from the store clerk who lied to me.

  Business response

  11/27/2023

  Hi, I received your email this morning. I then received a phone call from **** stating the same thing. I informed him that we will refund him the two bags of chips and leave the money at the store for him to pick up. I apologized for the clerk not refunding at time of purchase. I also explained that ********** is a buyer beware state and we don't have to pull the product off the shelves. 

   

  If you have any questions, please feel free to reach out.

  Thank you, 

  *****

  Customer response

  12/05/2023

  I would like to know why a business can knowingly sell expired food products.  

  Business response

  12/05/2023

  Hi, he called me an hour after I received the first email from you. We did refund both bags of chips and he picked up the money at the store. He was upset that we haven't pulled the chips. I understand how frustrating that would be. Unfortunately, we cannot pull them off the shelf without the owner's approval. The owner knows about it. 

  Thank you for your help.

  Dedra 

• Initial Complaint

  08/02/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Occurred on 8/2/2023. Purchased an expired good that was not separate from other non expired goods and was not labeled as expired. I returned and asked for a refund. The employee stated *** (the owner of the market) does not allow us to refund or exchange expired items. The item was paid for in cash. A receipt was not offered. The item was approximately $3.50 + tax. Attached is photo of expired item. This item is ice cream. Expired 10 months.

  Business response

  08/31/2023

  Hi, we just received this complaint for the first time on 8/31. ****** who you have been emailing is no longer with the company. 

  I would first like to apologize on behalf of Starvin ***'s and the employee that would not issue a refund. We have several stores; I am not sure which one this is for. All of our ice cream is handled by Transcold and they are supposed to be rotating stock and pulling expired product. I am so sorry this had slipped through the cracks. They will be notified to thoroughly look through their product. 

  If this was at our 32nd street location I know we just hired a new person that started July 9th so we will make sure to let them and all our cashiers know. 

  Please provide the location so I can let them know your name and that you will be picking up the refund for the item pictured in this complaint. 

  Thank you for bringing this to our attention. 

  Dedra 

  Starvin ***'s

  ************

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩