A lawyer specialized in Consumer Law answers this question and highlights what your rights are if this happens
Can you imagine being eager to taste your favorite food, and when you take your first bite or put the food in your mouth, you come across something strange and end up swallowing it unintentionally? This situation can lead to health problems and embarrassment.
Unfortunately it is not that rare, especially for those who work in large urban centers and need to take meal breaks in places that may not have health surveillance certification.
So if this happens, what should I do?
According to Danilo Marins Rocha, lawyer and consumer law specialist, “in cases like this, it is essential that consumers remain calm and follow some important steps to ensure that their rights are respected. OR The first step is to retain all material related to the contaminated productincluding the original packaging, the foreign body and any other documentation suitable to prove the case”, he informs.
Explain what the next step is contact the company responsible for the product and report the problem. “It is important that the consumer requests a suitable solution, which can include an exchange, a refund or even compensation for the damage caused,” he says.
It also reminds consumers that the company has the legal obligation to supply products that are safe and fit for consumption, and if it fails to fulfill this obligation, it may be held liable for the damage caused. If the company refuses to provide an adequate solution, the consumer can seek legal assistance. A consumer law attorney can help evaluate the case and determine the best legal options for the consumer. This may include filing a lawsuit, mediating disputes, or seeking other amicable solutions.
“In summary, the importance of seeking legal assistance in the event of a problem with the products is essential to ensure that consumers’ rights are respected. If you find a foreign body in your food, it is important to keep calm and take the necessary measures to protect your interests and ensure an adequate solution to the problem,” says Danilo.
Also, it is important to remember that the Consumer Protection Code (CDC) provides a set of rights and guarantees for consumersincluding the right to safety, clear and precise information on the products and services offered, compensation for damages caused and adequate quality of products and services.
How does the Consumer Defense Code help me in this case?
“The Consumer Defense Code (CDC) is the main legislation that protects consumer rights in Brazil. In the event of the discovery of a foreign body in the food, the CDC has important provisions”, informs the lawyer.
Such as the article 18 CDC which foresees strict liability of the supplier for the product he places on the market. This means that, regardless of fault, the company is liable for damages caused to consumers as a result of defects in the products offered.
Also, the article 20 CDC provides for liability for the fact of the product or service. This means that the The company is responsible for any damage caused to the consumer.ra as a result of defects in the product or service, including the presence of foreign bodies in the food.
Finally the article 12 CDC establishes the liability for defective product. In this case, the company may be held liable for damages caused to the consumer, including material, moral and even physical damage.
“In the light of these legal provisions, it is essential that the consumers know they have rights guaranteed by law in cases like this. When finding a foreign body in the food, the consumer should contact the company responsible for the product and request an adequate solution. If the company refuses to solve the problem, you can ask for legal assistance to protect your interests and enforce your rights”, concludes the expert.
*All legal information contained in this text was provided by Danilo Marins Rocha, Lawyer, Specialist in Consumer Law, Postgraduate in Civil Law and Civil Procedure and Member of the Consumer Law Commission of the OAB/SP.
Source: Terra
Ben Stock is a lifestyle journalist and author at Gossipify. He writes about topics such as health, wellness, travel, food and home decor. He provides practical advice and inspiration to improve well-being, keeps readers up to date with latest lifestyle news and trends, known for his engaging writing style, in-depth analysis and unique perspectives.
