Will I get in trouble for this?

[AdviceFreeUser]

What is the name of your state (only U.S. law)? Texas.

I was shopping at a local grocery store and bought an item. I needed to see the expiration date but could not so I opened the box of the box to see the expiration from inside.

The problem : Since I could not see the expiration date from the outside, I opened 3-4 cartons to see the comparison of the expiration date.

I told two employees about the situation. One said not to worry about it. The other at the cash register said that if its not sellable, they will send it to the wherehouse or something to get re-packaged but I am not sure if both employees understood what I was trying to try. So will I get in trouble for this? Is this a criminal offense? They might bill me or sue me?

 

[OHRoadwarrior]

Likely there will be no negative result. If you do it regularly, they will probably request you shop elsewhere. If the internal item is sealed, the item should be able to be sold normally though some people do not like to buy them.

 

[AdviceFreeUser]

Likely there will be no negative result. If you do it regularly, they will probably request you shop elsewhere. If the internal item is sealed, the item should be able to be sold normally though some people do not like to buy them.

This is the only time I have done it. I did not open any of the internal item. It was an over the counter medicine.

 

[justalayman]

actually, by opening the package you made the item unsaleable and are guilty of shoplifting or whatever your state would call depriving a merchant of merchandise.

If the people at the store do not see it as an offense, then there is nothing to worry about but it is in fact a criminal offense.

 

[OHRoadwarrior]

Having managed retail sales locations, there are some products, due to packaging, that don't convey all information some consumers want to make their purchase decision. It is not unreasonable to explore deeper, to obtain the expiration date, if it is not readily available on the box. Tearing the box open, in contrast to neatly breaking the box seal, could render the item unsaleable, however if the product inside has the seal intact and the box is not damaged, tampering or destruction is not really supportable. As I said though, opening boxes regularly, without reason, will get you banned.

Barring any laws specifically related to drug store items, there should be no crime.

 

[justalayman]

It is no different than taking a toy out of a bubble/clamshell packaging. The packaging is part of the product and as such, opening it renders it unsaleable. If the store doesn't care, that's fine but it is illegal to open a package and a person that does so can be charged with a crime.

and I would challenge you to find any medicinal type product in a sealed box that does not have the expiration date stamped on the outside of the package. Let me know one and I will take a look at the store to verify.

 

[cyjeff]

Next time... I would ask the people that are working in the store to help you with the expiration date...

though they won't open several so that you can get the latest one.

 

[OHRoadwarrior]

It is no different than taking a toy out of a bubble/clamshell packaging. The packaging is part of the product and as such, opening it renders it unsaleable. If the store doesn't care, that's fine but it is illegal to open a package and a person that does so can be charged with a crime.

and I would challenge you to find any medicinal type product in a sealed box that does not have the expiration date stamped on the outside of the package. Let me know one and I will take a look at the store to verify.

From a substance over form perspective, OP could legally buy all 4 items, open the boxes to see expiration date, then return the three they did not want. Merchants will ban a customer for doing this repetitively, for the same reason.

 

[justalayman]

[Code of Federal Regulations]
[Title 21, Volume 4]
[Revised as of April 1, 2010]
[CITE: 21CFR201.17]


PART 201 -- LABELING
Subpart A--General Labeling Provisions
Sec. 201.17 Drugs; location of expiration date.
When an expiration date of a drug is required, e.g., expiration dating of drug products required by 211.137 of this chapter, it shall appear on the immediate container and also the outer package, if any, unless it is easily legible through such outer package. However, when single-dose containers are packed in individual cartons, the expiration date may properly appear on the individual carton instead of the immediate product container.
[43 FR 45076, Sept. 29, 1978]

From a substance over form perspective, OP could legally buy all 4 items, open the boxes to see expiration date, then return the three they did not want. Merchants will ban a customer for doing this repetitively, for the same reason.

not unless store policy allowed for a return and I know many that will not take back an opened OTC drug package.

There is no law that requires a merchant accept a return unless there is a warranty issue.

 

[OHRoadwarrior]

Which is why I qualified special laws applicable to some drug store items. The Federal reg applies to drugs. It does not refer to herbs or anything else that might be sold at a drugstore, not deemed a drug by the FDA.

 

[mulldoone]

What is the name of your state (only U.S. law)? Texas.

I was shopping at a local grocery store and bought an item. I needed to see the expiration date but could not so I opened the box of the box to see the expiration from inside.

The problem : Since I could not see the expiration date from the outside, I opened 3-4 cartons to see the comparison of the expiration date.

I told two employees about the situation. One said not to worry about it. The other at the cash register said that if its not sellable, they will send it to the wherehouse or something to get re-packaged but I am not sure if both employees understood what I was trying to try. So will I get in trouble for this? Is this a criminal offense? They might bill me or sue me?

I seriously doubt it, since the two employees told you not to worry about it. However, if the 2 employees wanted to be sticklers over the issue, the most you would have been charged with would be criminal mischief, which, according to Texas Penal Code, would have been a Class C misdemeanor if the items you damaged accumulated to less than $50, which is punishable of a fine not to exceed $500 and most likely, as someone else already mentioned, no longer able to shop at that store.

Sources: Texas Penal Code - Section 28.03. Criminal Mischief - Texas Attorney Resources - Texas Laws

Texas Criminal Punishment Levels Roselawtx's Blog

Bread Squeezer 'Kneads' Help, Judge Rules - ABC News (a case where a guy was caught compulsively destroying bakery items in a grocery store)

Keep in mind that I am not an attorney and this information in no way should be considered legal advice.

 

[randolph76]

Or possibly reckless damage? But again the employees didn't see a problem with it but what if they hadn't be so understanding? Shouldn't make this a habit - ask for assistance next time would be a better COA.

Sec. 28.04. RECKLESS DAMAGE OR DESTRUCTION. (a) A person commits an offense if, without the effective consent of the owner, he recklessly damages or destroys property of the owner.(b) An offense under this section is a Class C misdemeanor.

 

[mulldoone]

Or possibly reckless damage? But again the employees didn't see a problem with it but what if they hadn't be so understanding? Shouldn't make this a habit - ask for assistance next time would be a better COA.

It would most likely depend on the approach the DA decided to use, which is to say they would go after the one they felt they had the best chance of securing a conviction on. In the state I live in, that is referred to as allied offenses of similar import, which basically means that the elements of the offense is so similar to another, that the commission of one is an automatic commission of another.

However, a defendant cannot be charged with both because the State would be violating the double jeopardy clause.

Keep in mind that I am not an attorney and this information in no way should be considered legal advice.

 

[Zigner]

OTC meds have the exp. date printed on the OUTER packaging. Something is wrong with this story...