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Ask Chef Walter: The Mobster’s Deadline: The Dark Birth of the Sell-By Date – Walter Potenza
Friends:
We are in Chicago in the early 1930s. Prohibition is ending; families are struggling through the Great Depression, and milk, so important for children, is a risky bet. The milkman brings glass bottles that might be watered down, missing cream, or already sour. One bad sip could leave a child sick from food poisoning. There are no labels or warnings—trust in a system full of corruption.
According to legend, the most feared name in America steps in: Al Capone.
The story spreads quickly. A close family member—some say his niece, others like a relative or a friend child—collapses after drinking spoiled milk. The milk was tainted and undrinkable, a hidden danger. Capone, the powerful leader of the Chicago Outfit, is said to have become furious. He decides this can’t happen again, especially to the children of Chicago, and focuses on the dairy business.
With his brother Ralph “Bottles” Capone, Al enters the milk business. They take control of Meadowmoor Dairies, kidnap a union boss, and demand $50,000 for his release, using the money to buy the dairy. Non-union trucks bring in milk from cheaper Wisconsin farms, undercutting the milkmen’s union and starting the violent Chicago Milk Wars, which included strikes, bombings, and intimidation throughout the city. (Al Capone and the Chicago Milk Wars, 2023)
Capone wants more than just power; he wants full control. He buys up stamping equipment that was once used to make bootleg liquor bottles. He then pressures politicians in the Chicago City Council. In 1933, the city passed a new rule: every milk bottle must have a clear, visible date stamp, so mothers know how fresh their children’s milk is. (Fieldcrest Dairies v. City of Chicago, 122 F.2d 132 (7th Cir. 1941), 1941) This ends the guessing and helps prevent spoiled milk at home.
Was Capone truly angry about a sick child, or was it an intentional move to control the market? Historians say the full story is “unproven”—there is no official record showing Capone wrote the law himself. Al was already in prison for tax charges when Meadowmoor opened in 1932, and Ralph may have led the final effort. What historians agree on is that the Capone family was involved in Chicago’s milk business in the early 1930s and benefited as the city introduced one of the first milk-dating rules. (Al Capone and the Chicago Milk Wars, 2023) However, there is no direct proof that Al Capone or his family invented the date stamp or forced the law through. The story of a relative poisoned by spoiled milk and Capone’s supposed rage for Chicago’s children is yet a rumor. What is certain is that the Capones influenced the milk wars and the early push for clear food labeling. Even now, Alcatraz tour guides still share this story with visitors. (Alcatraz Island celebrates 50 years of public tours, 2023)
The milk wars were violent. Unions resisted, and some dairies were destroyed. But after the conflict, Chicago gained something new: clear information on milk bottles. Grade A milk could no longer be sold as fresh after a certain date, giving consumers greater protection.
The modern sell-by date did not appear everywhere right away. After World War II, factories quickly produced packaged foods, and supermarkets grew larger. Stores used “closed codes,” secret symbols that only managers understood. This kept inventory moving but left shoppers confused and frustrated.
By the late 1960s, consumers, especially women shopping for their families, began to demand answers about the age and safety of Food. They questioned the mysterious codes, wanting to know how old the bread was or whether the meat was still safe. This led to increased consumer activism.
The major change began at Marks & Spencer in Britain. In the 1950s, the store began adding dates to products in the back rooms for quality control. By 1970, these dates appeared on store shelves. In 1973, they introduced the term “sell-by” and advertised freshness with supermodel Twiggy. American companies, responding to customer demand, quickly followed. Soon, every carton, can, and package displayed a date.
There is an important detail: most of these dates are not about safety, but about sales. The “sell-by” date tells the grocer when to remove products from the shelf. “Best if used by” refers to the best taste, not safety. Food can still be good after the date if it looks, smells, and tastes normal. Instead of relying solely on the printed date, watch for signs of spoilage, such as a sour smell, a curdled or slimy texture, or visible mold or discoloration. If Food seems normal, it is often still safe. However, many people throw away good Food because of these dates, resulting in significant waste. (Yu & Jaenicke, 2021)
There is no federal law requiring most foods to have date labels, except for baby formula. States have their own different rules. Manufacturers choose the dates themselves. The USDA now encourages companies to use clearer “Best if Used By” labels to reduce waste. Some stores are even trying to remove dates completely.
So next time you are in the dairy aisle, looking at the small, printed date before deciding whether to throw away a yogurt, remember where this practice started. It did not come from a laboratory or a government meeting. It began in the violent world of Depression-era Chicago, where gangsters, unions, and spoiled milk were all part of a struggle for control.
Al Capone probably did not invent the sell-by date on his own. The full story remains unclear and is surrounded by myths. However, the Capone family’s aggressive actions in the milk business helped start the changes. A gangster’s anger, a family’s suffering (real or rumored), and a city’s struggles led to the label we still pay attention to today.
It is a uniquely American story, mixing folklore and power struggles, with roots in Chicago’s violent past. Even a simple carton of milk carries an indication of Capone’s influence. In the end, that small date might be the most unanticipated legacy left by a mobster.
Food Dating Regulations in the United States:
Clearing the Confusion Behind the Dates
In any American grocery store, shoppers often stop in the dairy aisle to check the small, printed dates on milk, yogurt, and meat packages. Words such as “Sell By,” “Best If Used By,” and “Use By” can be confusing. People wonder whether the milk is still safe or whether they should throw away chicken past its date. For years, this has caused confusion, waste, and financial loss. The rules behind these dates are actually quite loose and often misunderstood.
At the federal level, the story is plain: There is no broad requirement for most food products to carry a date label. Except for infant formula (and certain baby foods under FDA oversight), which must display a “Use By” date because nutrients degrade over time and could harm infants, product dating remains entirely voluntary for manufacturers. The U.S. Food and Drug Administration (FDA) oversees most packaged foods, while the USDA’s Food Safety and Inspection Service (FSIS) handles meat, poultry, and egg products. Both agencies allow voluntary open dating (calendar dates visible to consumers) as long as the label is truthful, not misleading, and includes an explanatory phrase right next to the date—such as “Best if Used By”.
If a date appears, it must show the month and day (plus the year). If a date is shown, it must include the month, day, and year for shelf-stable or frozen foods. The manufacturer chooses the wording and the date, based on quality tests, not government safety rules. “Sell By” dates help stores rotate stock and are not about food safety. “Best If Used By” means the Food is at its best in terms of flavor and texture. “Use By” is the manufacturer’s recommendation for best quality, but even this is rarely a strict safety deadline.
The USDA has explicitly recommended “Best if Used By” for quality-based dates to reduce consumer confusion and food waste. The FDA echoed this in 2019. In December 2024, the two agencies issued a joint Request for Information seeking data on industry practices, consumer understanding, and the links between confusing labels. They wasted Food (estimated by some studies at up to 20% of household waste). (Neff et al., 2019, pp. 123-132) Yet no binding federal rules have emerged—only encouragement for voluntary standardization.
Because of this hands-off approach, states have their own rules. More than 20 states require a date on certain perishable foods, especially dairy, meat, and eggs. Others have rules about what can be sold after certain dates. For example, egg cartons may have to show “Sell By” or “Expiration” dates depending on the state. This means a national brand might face different requirements in each state, making production more complicated and leading to almost 50 different date phrases utilized across the country.
A few states have pushed for clarity. California’s AB 660, effective July 1, 2026, is considered one of the state’s strictest reforms. It bans consumer-facing “Sell By” dates on packaged foods and standardizes on two clear terms: “BEST if Used by” for quality and “USE by” for safety. Retailers can still use encoded inventory dates internally, but shoppers get easy language designed to cut waste. Other states, including New Jersey, New York, Illinois, and Massachusetts, have considered or introduced similar bills, though progress varies.
Bipartisan efforts at the federal level reflect growing momentum. The Food Date Labeling Act of 2025 (introduced in both chambers) aims to create a voluntary national standard for “Best If Used By” quality dates and “Use By” discard/safety dates. It would preempt conflicting state rules on label phrasing, allow the sale and donation of Food past its quality date, and direct the USDA and the FDA to educate consumers. Supporters—including major retailers and manufacturers—contend it could divert hundreds of thousands of tons of edible Food from landfills annually while saving households billions. (Administration, 2024)
The current system has real costs. Confusion about dates leads Americans to throw away safe Food, raising grocery bills and putting pressure on food banks. The USDA says that even after a “Best if Used By” date, refrigerated foods are often still good if kept at 40°F or below and show no signs of spoilage, such as bad smells, sliminess, or discoloration. Food safety depends more on how you handle and store food: keep cold foods cold, use airtight containers, cook meats and eggs thoroughly, refrigerate leftovers quickly, and trust your senses. If something smells, looks, or feels wrong, it is best to throw it out. Also, check your fridge temperature, keep raw meats separate from ready-to-eat foods, wash hands and surfaces often, and do not leave perishable foods out for more than two hours. Good storage and cautious handling are better at preventing illness than relying on the printed date.
Reforms aim to change the focus: quality dates help stores and shoppers enjoy the best taste, while real safety risks are managed through proper storage and inspection, not just by looking at dates. Closed “pack dates” or lot codes still help manufacturers track products for recalls, but these are not shown to consumers.
In the end, food-dating rules highlight a recurring challenge in American policy: balancing consumer protection and market efficiency without strict government control. The dates on groceries come from industry habits, state experiments, and sometimes even mob influence in the past. Today, these dates are important for reducing food waste, shielding public health, and handling costs.
Next time you are unsure about a carton or package, remember that the date is usually not a strict safety deadline. Look for signs of spoilage, store Food properly, and eat with confidence. As federal and state efforts toward standardization move forward, clearer labels may soon help shoppers make better choices, save money, and reduce waste. If new rules pass, Americans could see simpler date labels in some states as early as 2026, and possibly nationwide soon after.
Until then, pay attention to your senses, store Food carefully, and watch for updates on food labels.
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Master Chef Walter Potenza
There is a constant, recognizable thread in the career of Walter Potenza to elevate the level of Italian culinary culture in the United States. Besides his unquestionable culinary talent and winning business perspective, Chef Walter has been a relentless educator with passion and knowledge who defeats stereotypes. His life, career, and values are a model, an example to follow by any chef of Italian gastronomy working outside Italy.
Chef Walter appears regularly on National and International Networks such as Food Network, ABC, CBS, NBC, RAI, FOX, and Publications such as NY. Times, Washington Post, Wall Street Journal, Food & Wine, Saveur, Gourmet, and several Italian media outlets.