Supermarket giant Asda has been fined £410,000 for selling food past its use-by date following an investigation and prosecution by Cornwall Council Trading Standards.
The investigation was launched after members of the public complained about out-of-date food being sold at the grocer’s store in Penryn. When Officers visited the shop in October 2023 they found 58 food items on shelves past their use-by date, including several children’s products such as yoghurts.
Some of the out-of-date food found in the Asda store in Penryn (image credit: Cornwall Trading Standards)
Many of the products were almost four weeks past their use-by date – and legally deemed to be unsafe.
A further inspection of the Asda store in Hayle in November 2023 found four items past their use-by date.
In a hearing at Plymouth Magistrates’ Court on 23 April 2025, Asda Stores Ltd pleaded guilty to two charges of having unsafe food on offer for sale contrary to regulation 19 of the Food Safety and Hygiene (England) Regulations 2013.
The case was heard by District Judge Jo Matson, who said that Asda had failed to adhere to systems designed to prevent the sale of food after the expiry of the use-by date, and that although concerns had been raised by customers and Trading Standards Officers, the actions taken by Asda were not sufficient.
Asda Stores Ltd was ordered to pay a fine of £410,000, plus prosecution costs of £20,582.70 and a victim surcharge of £2,000.
Jane Tomlinson, Trading Standards Group Leader at Cornwall Council, said: “We are committed to ensuring that the food sold to consumers is safe and it is disappointing that on these occasions, we found items for sale which could have presented a danger to the public.
“Consumers should be confident that the food they buy is safe to eat. We hope that the steps Asda Stores Ltd have now put in place will prevent the sale of out-of-date food in future.”
Use-by dates are applied to highly perishable foods that could pose a serious health risk if consumed after this date. Food Standards Agency guidance states they should not be eaten.
Last year Asda received a £250,000 fine following an investigation and prosecution by Derby City Council Trading Standards which found that the grocer had displayed food that was as much as six months past its use-by date.
