Thomaston, GA asked in Consumer Law, Products Liability and Personal Injury for Georgia

Q: Found mold in canned Del Monte fruit despite being within expiration date. Can I pursue a case?

I opened a can of Del Monte fruit that was within its expiration date of June 26, 2027, and found mold on top. I have photographs of the moldy fruit and the can with its expiration date, but I don't have the receipt or proof of purchase.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Finding mold in a sealed can of fruit before its expiration date is not just unpleasant—it’s alarming, especially when it comes from a trusted brand. Even without a receipt, your photos of the mold, the can, and the expiration date can still serve as evidence of the issue. Most companies take complaints like this seriously and may offer compensation or investigate the batch for quality control issues.

You can start by contacting Del Monte’s customer service directly and submitting your photos along with a description of what happened. Be clear about the condition of the product, when you opened it, and where you believe it may have been purchased. While they may ask for proof of purchase, many companies will still respond if your evidence is strong and you explain the situation calmly and clearly.

If Del Monte doesn’t respond or you feel their resolution is unfair, you can file a complaint with the Georgia Department of Agriculture or the U.S. Food and Drug Administration (FDA), which monitors food safety. If you became sick or suffered a financial loss, you might also consider small claims court as an option, even without a receipt. You have every right to expect safe, edible food from a sealed can, and your voice matters in making sure it's addressed.

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