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FOOD v. CONSUMER AFFAIRS

7 N.Y.3d 568 (2006)

859 N.E.2d 473

825 N.Y.S.2d 667

In the Matter of FOOD PARADE, INC., Doing Business as GREENFIELD SHOPRITE, Respondent, v. OFFICE OF CONSUMER AFFAIRS OF COUNTY OF NASSAU et al., Appellants.

Court of Appeals of New York.

Decided October 24, 2006.

Attorney(s) appearing for the Case

Lorna B. Goodman, County Attorney, Mineola (Peter J. Clines of counsel), for appellants.

Rivkin Radler LLP, Uniondale (Merril S. Biscone, Evan H. Krinick and Michael P. Versichelli of counsel), for respondent.

Eliot Spitzer, Attorney General, New York City (Daniel Smirlock, Laura Etlinger, Jane M. Azia and Thomas G. Conway of counsel), amicus curiae.

Chief Judge KAYE and Judges CIPARICK, READ and R.S. SMITH concur with Judge ROSENBLATT; Judge GRAFFEO dissents and votes to reverse in a separate opinion; Judge PIGOTT taking no part.

OPINION OF THE COURT

ROSENBLATT, J.

Many consumer goods bear expiration dates, as required by law. In the case before us, a supermarket displayed a number of products bearing expired dates. We must decide whether this is a deceptive trade practice within the meaning of the Nassau County Administrative Code. We hold that offering such products for sale is not deceptive unless the retailer alters or disguises the expiration dates. Without doubt, the Legislature...

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