This incident revolves around a five-week-old infant who was hospitalized after consuming severely outdated baby formula purchased from a Dunnes Stores branch in Navan, Ireland. The formula, Aptamil baby milk, was purchased on February 8th of the previous year. Two days later, the baby’s father noticed the child’s distress and refusal to feed further. Upon closer inspection, discoloration within the bottle prompted him to examine the packaging, revealing a shocking discovery: the formula’s best-before date was June 9th, 2015, rendering it almost nine years out of date. Another bottle from the same purchase was also expired, though by a significantly shorter duration of five days. The infant was subsequently admitted to Our Lady of Lourdes Hospital in Drogheda for overnight observation but fortunately did not require any medical treatment.
Following the incident, the attending doctor immediately contacted the Dunnes Stores branch in Navan to alert them to the potentially hazardous product on their shelves. This notification was followed by a formal communication on February 14th between a senior environmental health officer and the store’s deputy manager. A prompt stock check ensued, resulting in the removal of eight bottles of baby formula with approaching expiration dates. The matter escalated further on the 15th, with notification reaching Dunnes Stores’ head office, triggering an official investigation spearheaded by the Health Service Executive (HSE) and the Food Safety Authority of Ireland (FSAI). This investigation aimed to ascertain the circumstances leading to the presence of such outdated products on the store’s shelves and to determine any potential breaches of food safety regulations.
Dunnes Stores ultimately pleaded guilty to a single charge of failing to promptly notify the relevant authorities – the FSAI or other official agencies – about the potential health risks posed by the outdated formula it had placed on the market. Representing Dunnes Stores, Brian Gageby BL described the incident as an anomaly and a “mystery,” emphasizing the company’s bafflement as to how a single bottle of infant formula could remain on the shelf for nearly a decade. He highlighted the company’s regular three-month stocktaking procedures, specifically designed to remove any baby food products with a shelf life of less than four weeks. Gageby underscored Dunnes Stores’ serious approach to the matter and their subsequent implementation of monthly stock checks for baby food products to prevent recurrence.
The defense attributed the failure to immediately report the incident to the HSE and FSAI to an oversight, stating the case “fell through the cracks.” Gageby emphasized Dunnes Stores’ previously unblemished record, highlighting their operation of 118 stores across the Republic of Ireland, employing approximately 17,000 people. He conveyed the company’s readiness to make a substantial charitable contribution as a gesture of their commitment to rectifying the situation and demonstrating their social responsibility. This proactive approach aimed to mitigate the negative impact of the incident and showcase their commitment to public health and safety.
Dunnes Stores agreed to cover all associated costs, including over €8,000 in legal fees and more than €23,000 in investigation expenses, demonstrating their acceptance of responsibility for the oversight. Company secretary Tom Sheridan attended the court proceedings, further signifying the company’s commitment to addressing the matter directly. Judge Eirinn McKiernan, presiding over the case, ordered Dunnes Stores to make a €10,000 donation, to be divided equally among three children’s charities: Barnardos, Foróige, and MCDAR. This charitable donation, mandated by the court, served as a form of reparation for the potential harm caused by the incident and underscored the importance of upholding food safety standards.
The court case was adjourned for a period of four weeks to allow Dunnes Stores to fulfill its obligations regarding the charitable donation and the payment of associated costs. This follow-up hearing ensured compliance with the court’s order and provided a mechanism for confirming the execution of the agreed-upon actions. The incident, though concerning, ultimately prompted a strengthening of Dunnes Stores’ internal procedures regarding stock management and reporting protocols, emphasizing the importance of vigilance in ensuring the safety and well-being of consumers, particularly vulnerable populations such as infants.
