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I ordered ground turmeric and ginger in bulk online to save money on my food bills. I’ve tried both herbs and I’m convinced they have bulk ingredients added to them.
Who should I complain to?
PW, by email
Consumer rights lawyer Dean Dunham on This Morning
Consumer rights attorney Dean Dunham responds: I always say that consumers should ‘get what it says on the tin’ when they purchase goods. This isn’t just a matter of principle – it’s the law – and is especially important when it comes to food.
In this regard, several laws are in force to protect consumers, including the Food Safety Regulation, the Consumer Protection Regulation against Unfair Trade, the General Food Regulations and the Food Information Regulation. I quote all of these to demonstrate how seriously your problem is being taken, as deliberately mislabeling food is ultimately fraud and therefore a criminal offence.
However, despite the clear legal situation, food fraud (as it is commonly referred to) is becoming a significant issue for UK consumers and something we all need to be aware of.
Intentionally mislabeling food is fraud and therefore a criminal offense
The general rule is that when a food or drink product contains two or more ingredients, including any additives, they must all be listed on the label. Ingredients should be listed in order of weight, with the main ingredient first.
Fillers are an additive that increases the volume or weight of the food, and if the ground turmeric and ginger you bought contain them, they should be listed on the label and in the description you read online.
Obviously, in your case these are not listed, which means that the trader has committed a criminal offense and is in breach of contract in relation to the sale to you. In these circumstances, there are two steps you can take.
First, ask for your money back on the basis that the goods are ‘not as described’ as they should be under the Consumer Rights Act. Second, file a complaint with Trading Standards, where the Food Standards Agency directs consumers to complain about misleading labelling.
I have subscribed to receive medicines online for six months. However, the subscription has been automatically renewed even though I no longer wish to receive it. What can I do?
Let me start by saying that, in my firm opinion, the automatic renewal of contracts for consumers should be banned.
Rarely are automatic renewals good for consumers and they often result in customers paying for something they no longer want or need just because they forgot to cancel or didn’t realize the contract was automatically renewed.
Unfortunately, automatic renewals are prima facie permitted under consumer law, but there are circumstances where they cross the line.
The guiding principle is transparency, so there are two questions to ask yourself here. When taking out the initial subscription, did the merchant explain in clear and transparent terms that the subscription would automatically renew at the end of the six-month period? Secondly, has the merchant sent you a notice or alert informing you that the subscription will be automatically renewed soon, with clear instructions on how to cancel the contract?
If the answer to either question is ‘no’, I am of the opinion that the contract for the subscription will be in breach of the Consumer Rights Act, on the grounds that the renewal clause is an ‘unfair term’ and therefore not binding. As a result, you can cancel the contract with immediate effect and request a refund of the money you paid after the initial six-month term. However, you must also return any medications you received after the deadline.
If you pay for the subscription by direct debit, you must instruct your bank in writing to cancel future payments. If you pay by debit card, under a so-called continuing payment authority, you must also inform the merchant and your card provider that you want to stop payments immediately.