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People who are hungry and could benefit from that wasted food probably care...don't ya think?

two things..
one...obesity is a bigger problem in the USA than hunger
two...laws. It's illegal to distribute the 'wasted' food.

There might be a problem..but it's because of government regulations.

You are correct he has the RIGHT to do whatever he pleases with the products he has purchased. However, it is actually good business to be perceived as a caring human.