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Case Analysis

Expired Gravy

I. Questions

1.1. What is the moral issue in the case?

1.2. If you were Bartolome, what are you going to do?

II. Problem
The expiration of gravy and the possible effect to the customers
III. Case Facts

3.1. The respected and trusted food chain business.

3.2. The unchecked expiration date of gravy that made by Emo.
3.3. The decision of the Store Manager to keep it secret to the

IV. Alternative Course of Action

4.1. ACA 1 – Republic Act No. 7394 The Consumer Act of the Philippines

Art. 10. Injurious, Dangerous and Unsafe Products. Whenever the departments find, by
their own initiative or by petition of a consumer that a consumer product is found to be
injurious, unsafe or dangerous, it shall, after due notice and hearing make the appropriate
order for its recall prohibition or seizure from public sale or distribution. Provided that in
the sound discretion of the department it may declare a consumer product to be
imminently injurious, unsafe or dangerous, and order is immediate recall, ban or seizure
from public sale or distribution, in which case, the seller, distributor, manufacturer or
producer thereof shall be afforded a hearing within forty-eight (48) hours from such

The ban on the sale and distribution of a consumer product adjudged injurious, unsafe or
dangerous, or imminently injurious, unsafe or dangerous under the preceding paragraph
shall stay in force until such time that its safety can be assured or measures to ensure its
safety have been established.

Art. 11. Amendment and Revocation of Declaration of the Injurious, Unsafe or

Dangerous Character of a Consumer Product.
Any interested person may petition the appropriate department to commence a
proceeding for the issuance of an amendment or revocation of a consumer product safety
rule or an order declaring a consumer product injurious, dangerous and unsafe.

In case the department, upon petition by an interested party or its own initiative and after
due notice and hearing, determines a consumer product to be substandard or materially
defective, it shall so notify the manufacturer, distributor or seller thereof of such finding
and order such manufacturer, distributor or seller to;
(a) give notice to the public of the defect or failure to comply with the product safety
standards; and (b) give notice to each distributor or retailer of such product.
The department shall also direct the manufacturer, distributor or seller of such product to
extend any or all of the following remedies to the injured person:
(a) to bring such product into conformity with the requirements of the applicable
consumer product standards or to repair the defect in order to conform with the same;
(b) to replace the product with a like or equivalent product which complies with the
applicable consumer product standards which does not contain the defect;
(c) to refund the purchase price of the product less a reasonable allowance for use; and
(d) to pay the consumer reasonable damages as may be determined by the department.
The manufacturer, distributor or seller shall not charge a consumer who avails himself of
the remedy as provided above of any expense and cost that may be incurred.

V. Conclusion

The department shall promulgate the necessary rules for the issuance, amendment or
revocation of any consumer product safety rule. Any amendment or revocation of a
consumer product safety rule made by the concerned department shall specify the date on
which it shall take effect which shall not exceed ninety days from the date of amendment
or revocation is published unless the concerned department finds, for a good cause
shown, that a later effective date is in the public interest and publishes its reasons for
such finding.

VI. Recommendation

Use by or Best Before: This tells you when to use the product by for the best flavor
quality and has nothing to do with food safety. Expiration Date: Expiration dates are
typically meant as a suggestion for the last date you can consume food.
Don’t be panic when it happens, why? According to studies Even if the expired food you
eat is safe for consumption, it might not taste as good as if you ate it sooner. ... The
USDA Food Safety and Inspection Service notes that many expired foods can be safe
to eat, but they might not be as flavorful as if you ate them before the expiration date.

Thus; Fast food or any restaurant should follow and maintain Food Safety Rules and
Regulations considering the benefits of eating healthy foods and effects to the consumers.