Has Santa buggered orf Tesco Finest Christmas Puddings and the Trade Descriptions Act

 

 

 

 

 

 

A Tale of Two Christmas Puddings: Has Santa buggered orf because Tesco Finest 12 Month Puddings are in violation of Clause 2:1 and Clause 2:d of the Trade Descriptions Act?Inbox

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http://www.thetimes.co.uk/tto/life/food/christmasfood/article3614250.ece
I read how Michel Roux Jr makes his Christmas Pudding.It is a heavy thing heavy with Alcohol and Sugar. Apparently he uses Brioche Breadcrumbes instead of conventional breadcrumbs. And he matures his Puddings for 12 months, making them 12 months in advance to give to family and friends.

My Christmas Pudding Tale Is Scrooge on the rampage again??!!

I made the decision to buy a 12 month old Christmas Pudding (which I have been eating before the Big Day itself!)
after reading how Michel Roux makes his Pudding every year which lasts for over a year. ( I have it on good authority that properly stored Christmas Puddings last for years!)
LINK HERE

Tesco Finest have consistently produced good Puddings which made it into the Good Food Magazine recommended Christmas Pud lists. A good reason to buy!

Scrooge strikes?
But When it came down to actually eating it I made a meal but couldn’t be bothered to tackle the Pudding and left it overnight in the Slow cooker reasoning that as it was a 12 Month matured it would hold up under sustained [slow] cooking. I WAS WRONG!!! When I woke up the following morning I was greeted with a dry slow cooker and a BLACKENED PUDDING that had lost all it’s flavour! It would appear I was missing something when I read the Use by date was March 2016!.But it’s chock full of sugar, alcohol surely it would not deteriorate before it’s literal ‘Best Before’ Time.
How wrong could I be!I feel like a victim of what Max Keiser calls ‘Shrinkflation’in QAULITY OF PRODUCT TERMS Rising Prices, Shrinking Products Qaulity Worsening of Products It appears that Tesco whilst seeking to look as is if they are providing BEYOND the 12 month Period are in fact cheating the Customer by making an Christmas Pudding that is a Christmas Pudding for the sake of the 2015 Christmas/New Year Period, but NOT a Christmas Pudding in the sense of a robust Pudding chock full of nuts, sugar, fruit which would last above and beyond the hallowed March 2016 deadline.( I have kept old readymade puddings in the hope they would perform as expected once I dared to slow cook steam them and serve them with the obligatory puddle of double cream)
A Violation of the Trade Descriptions Act 1968?

2 Trade description.
(1)A trade description is an indication, direct or indirect, and by whatever means given, of any of the following matters with respect to any goods or parts of goods, that is to say—
(a)quantity, size or gauge;
(b)method of manufacture, production, processing or reconditioning;
(c)composition;
(d)fitness for purpose, strength, performance, behaviour or accuracy;
(e)any physical characteristics not included in the preceding paragraphs;
(f)testing by any person and results thereof;
(g)approval by any person or conformity with a type approved by any person;
(h)place or date of manufacture, production, processing or reconditioning;
(i)person by whom manufactured, produced, processed or reconditioned;
(j)other history, including previous ownership or use.

https://en.wikipedia.org/wiki/Christmas_pudding
Here is the Wikipedia Article on Christmas Puddings speaks of their long-keeping Properties due to massive amounts of sugar and alcohol..
It seems to suggest that homemade is best for these purposes. Ready Made Christmas Puddings Keeping Properties are not analysed.A Project for some?

There appears to be a material violation of the Indicator Trade Descriptions Act
At Clause 2(d) Fitness for Purpose.

Tesco Finest Christmas Ad and Terms of Contract

On the surface Tesco’s 2015 Christmas Ad does not appear overtly misleading BUT TESCO OMIT ANY SMALL PRINT SUGGESTING THIS MIGHT BE OTHERWISE ON THE AD.

https://youtu.be/5nzLTkKd9Q0

But is Tesco playing Santa or Scrooge with the [Contract Terms] of the Ads?
Here we have a housewife being cajoled into loading up Tesco Finest and other purposely designed for Tesco Christmas Designed goodies by a creepy Member of staff on a Selling spree. Tesco clearly wants to get rid of its ranges so to avoid Post Christmas Hangover.

The Advertising appearance of reasonableness and sound use of Contract to make the Sale. BUT AFTER ONE HAS PURCHASED IT ONE IS FACED WITH EXPIRY DATE AND SUBSTANDARD RANGE OF INGREDIENTS THAT DON’T STAND UP TO RIGORS OF heavy steaming.

Thus Tesco opts for The Next Major Occasion[limited] Fitness for Purpose according to Clause 2(d) but NOT fitness for Purpose as a bog standard Full of Sugar and Alcohol Pudding that LASTS according to Clause 2(d).
I believe Tesco might also be in breach of its contract to supply Christmas Puddings that are wait for it Christmas Puddings in terms of Contract Law which seems to have it’s Terms stated OPENLY. What Tesco have done is use the Shell of Contract in order to make a Sale and Contract but not to Supply Christmas Puddings in accordance with Clause 2(d) and Clause2:1 of the Act described above.
Thus I believe Santa has buggered orf to use a Charonqcism instead of bearing gifts as is Santa’s wont.

This entry was posted in Christms, Contract law, Trade Descriptions Act and tagged , , , . Bookmark the permalink.

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