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The Reward Law, valid in some cities, requires markets to offer free substitute products to consumers who find expired goods for sale, aiming to strengthen regulation and food safety
In some cities in Brazil, consumers who find expired products for sale in markets can receive another item for free, a right provided by local laws that impact regulation, food safety, and may gain national reach with PL 495/23.
The so-called Reward Law requires establishments to provide a free identical or similar product to the customer who identifies merchandise with an expired validity date still displayed for sale.
The rule applies only in municipalities and states that have adopted specific legislation or agreements with local consumer protection agencies, and is not provided for in the Consumer Protection Code.
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According to explanations gathered by the TudoGostoso portal, the aim of the measure is to encourage greater stock control and motivate consumers to check expiration dates before making a purchase, reducing health risks.
To be entitled to the benefit, the customer must identify the problem while still inside the establishment, immediately notifying the manager or responsible person for the location where the product was found.
If the supermarket does not have the same item, the law allows for the delivery of a similar product, provided it is of equivalent nature, respecting the consumer’s right as outlined in local legislation.
Rule Only Applies If the Problem Is Identified On-Site
The Reward Law applies to markets, supermarkets, and hypermarkets, as long as the consumer identifies the expired product before completing the purchase and is still inside the establishment.
If the establishment refuses to comply with the rule, the customer can contact competent agencies such as Procon and Health Surveillance, requesting the presence of agents to verify the identified irregularity.
When the consumer realizes the validity has expired only after leaving the establishment, the gratuity does not apply, leaving only the right to exchange the product or refund the amount paid.
In these situations, the Consumer Protection Code guarantees replacement with an item within the validity period or a refund of the money, upon presentation of the product and the receipt.
Municipal and state legislation exists in isolation, requiring consumers to verify whether their city adopts the standard or has a specific agreement with the local Procon.
Bill Aims to Extend Rule Nationwide
A Bill in progress, identified as PL 495/23, aims to extend the Reward Law to the entire national territory, creating a uniform rule for commercial establishments.
According to the text of the proposal, the intention is to make establishments more responsible for product safety and to encourage the habit of checking expiration dates by customers.
Currently, the project is under analysis in the Consumer Defense committees, with no expected approval, maintaining the application of gratuity restricted to existing local legislation.
Bought an Expired Product? Here’s What to Do
Even where the Reward Law does not exist, the Consumer Protection Code protects those who purchase products with expired validity, ensuring exchange or refund of the amount paid.
To exercise this right, the consumer must present the product along with the receipt, proving the purchase and directly requesting the appropriate solution from the establishment.
The rule also applies to damaged or unsuitable items for consumption, even if they are within the validity period stated on the product’s packaging.
In case of refusal by the business, the customer can file a complaint with Procon and Health Surveillance, activating formal mechanisms for oversight and consumer protection.
These guarantees serve as complementary instruments to the Reward Law, reinforcing the importance of sanitary control and the active role of the consumer in daily life.
With information from Tudo Gostoso.
Essa lei é antiga e tem gente que usa como profissão e gente que roda mercado, esconde a mercadoria e depois no outro dia vem buscar , e clientes que vê, não avisa e é o primeiro cliente do dia e corre ir pegar para se garantir da lei, muitas vezes quem paga são os funcionários não é nem o mercado.
Deveria ser igual estados Unidos cliente pegar e devolver ao pessoal do estabelecimento e não levar de graça já que muitos estão escondendo o produto no dia pra pegar no outro por tanto vigilância sanitária e Procon deveria rever isso
Romário, você precisa ter foco na notícia e postar um conteúdo com princípio, meio e fim.
Matéria está incompleta, poderia ter colocado os estados que são contemplados com a nova lei.