By Adv. Asaf Amon
We are accustomed to placing full trust in the pharmacy shelf. When it comes to a product bought precisely at a place that is supposed to convey certainty and health, the basic expectation is that the product is sound and in date. A case that came to light recently, in which an expired product was allegedly sold at a pharmacy chain, illustrates just how much harm such a lapse can cause — and raises consumer and legal questions worth knowing about.
In the video above I briefly explain the aspects of the “expired-products failure,” and below is an orderly expansion.
What this is about
According to the reports, consumers were sold a product whose expiry date had passed, with the fact that it had expired only being discovered after use. When it comes to a product of a medical nature, or a product intended to achieve a particular result, such a failure may lead to a serious outcome for the consumer and their family. It is important to stress that each case is examined according to its circumstances, and nothing here constitutes a determination as to the liability of any particular party.
Selling an expired product — what does the law say?
The Consumer Protection Law, 5741-1981, prohibits misleading a consumer on any material matter in a transaction, including the nature of the product, its properties and its suitability for its purpose. Selling a product that has expired may, depending on the circumstances of the case, amount to misleading, or to supplying a product that does not conform to what the consumer was promised. In parallel, the consumer may have claims under sales law regarding a non-conformity between the product sold and the product ordered.
In the field of health and pharmacy products there is heightened sensitivity: the expiry date has a direct bearing on the product’s efficacy and safety, and the selling chain is therefore required to exercise particular care in managing its stock and removing expired products from the shelf.
Liability and negligence
Beyond the consumer angle, an affected consumer may also have a cause of action in tort. The tort of negligence examines whether the selling party breached a duty of care it was required to observe, and whether there is a causal link between the breach and the damage caused. Selling an expired product may, in certain circumstances, indicate a failure of control — but the existence of a cause of action, the extent of the damage and the causal link all require a specific factual and legal examination.
When might the matter be suited to a class action?
Where there is concern about a systemic failure — for example, expired products sold to a large number of consumers — the matter may be suited to examination as a class action under the Class Actions Law, 5766-2006. A class action makes it possible to consolidate wrongs of relatively low individual value into a single proceeding, and to examine a matter of principle against a large body. That said, certification of a claim as a class action is conditional on meeting the conditions of the Law and on the court’s discretion, and is not guaranteed.
What is important to know
- Check the expiry date before use — even when the product is bought at a pharmacy or a well-known chain.
- If an expired product is discovered, keep the product, the packaging and the receipt, and document the purchase details (branch, date and product).
- An orderly, documented approach to the chain or the manufacturer is usually the first step.
- The existence of a cause of action and the scope of relief depend on the circumstances — it is advisable to verify the position through a specific review before taking steps.
In the media: an interview on “HaOlam HaBoker” (Channel 13)
The affair received media coverage. In an interview on the program “HaOlam HaBoker” (Channel 13), I explained the consumer and legal aspects of selling an expired product at a pharmacy, against the backdrop of a case that came to light in which a customer claimed that a contraceptive she bought was sold to her — allegedly — while expired. The remarks were made in general terms only; each case is examined according to its circumstances and subject to legal examination, and nothing here constitutes a determination as to the liability of any party.
Sources to watch
To watch the full explanation you can view the video at the top of the page, on the firm’s YouTube channel. You can also view the Instagram post on the subject.
The information in this article is general and does not constitute legal advice. Each case is examined according to its circumstances and subject to legal examination.
For a specific review, you are welcome to contact our office. The firm practises consumer law and class actions, and would be glad to assist you. You can get in touch or reach us on WhatsApp. Unsure whether you have a right to cancel or to a refund in a consumer transaction? You can also use the tool for a preliminary check of transaction cancellation.
