CVS to pay $875,000 to settle allegations the chain was selling expired products
Filed under: Food, Shopping, Consumer Ally
Pharmacy giant CVS has agreed to pay $875,000 to settle a lawsuit brought by the state of New York that alleged the chain routinely sold expired food, drugs and other outdated products, New York Attorney General Andrew Cuomo said.California settled a similar case with CVS five months ago.
"New Yorkers should not have to worry that their neighborhood pharmacy is selling expired over-the-counter drugs that may be harmful to themselves or their families," Cuomo said in a written statement. "Today's settlement with CVS and our past settlement with Rite Aid - which total approximately $2 million --send the message that companies have a responsibility to put the safety of their customers ahead of boosting their profits."
Undercover investigators went into major chain drug stores around New York to see how widespread was the pattern of selling expired products. New York officials said they found that 142 CVS and 112 Rite Aid stores were selling expired items -- 60 percent of the CVS stores visited and 43 percent of the Rite Aids. Some products were more than two years past expiration.
Cuomo's office said later visits by investigators found the two chains continued to sell expired products even after the attorney general's office announced its findings. Rite Aid settled with New York for $1.3 million in December 2008.
In agreeing the $875,000 settlement, in which CVS admitted no wrongdoing, the company committed to stop selling expired products by keeping in place "specific policies and procedures designed to prevent the sale of expired products."
Stores will be checked periodically and are subject to a $2,500 penalty per store if the store flunks inspection.The chain must also post notices letting consumers know they should check the dates on packages, particularly when buying dairy products, infant formula and over-the-counter drugs.
CVS sent the following statement to WalletPop after the agreement was announced:
"CVS/pharmacy has reached an agreement with the State of New York to ensure that products are removed from its store shelves prior to their expiration dates in a manner that is consistent with the company's established policies and procedures.
"CVS is fully committed to maintaining inventory management practices to prevent expired products from being sold to customers. We have a comprehensive national product removal policy in place to ensure that our stores do not sell products past their expiration dates. Through its agreement with the State of New York, the Company will strengthen its internal monitoring practices to further ensure compliance and post in-store notices reminding customers to check expiration dates."
Reader Comments (Page 1 of 7)
11-11-2009 @ 10:36AM
peter said...
Re-labeling freshness dates is more common than you think. Several years ago I caught a major Texas grocery chain re-labeling Tyson chicken packages, extending the dates by 7 days.
I opened "new" packages of rotten chicken. What a smell!
I exposed them, they fessed up, disciplined the meat manager and quit the practice. Pay attention to inventory rotations and freshness dates. If they err on their inventory management, they will cheat and it's up to customers to catch them!
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11-13-2009 @ 4:07PM
John Stafford said...
I did the same thing at Winn Dixie. Bad tomatoes and salmon. They have not put either one out for sale since then.
11-11-2009 @ 9:27AM
Eric said...
You are an idiot and a moron - also a liar. Manufacturers ALL credit back 100% of expired products returned to them from retail stores. You see something on the news 15 years ago and try to say this is something you did and oooooo... the manager was scared of you... Have fun paying MUCH higher prices!!! you moron.
11-11-2009 @ 12:35PM
maria anderson said...
Routinely I go to these small neighborhood markets and wll see bread and hostess products have those black slashes through the bar code.But they will sell them at full prices. which is 1.50 for a hostess cupcake which of course is out of date. I would tell them I know what this means and they would say it is their way of counting inventory. (I used to go to those discount bread stores so I know what those black slashes are.) Is that legal or who would you inform about something like that. Especially for the elderly people in the neighborhood who don't have trnasportation to these discount bread stores, they have no choice but to buy this stuff from their neighborhood markets and I feel so bad for them. How can I help?
11-11-2009 @ 2:14PM
LC said...
You know, Eric, I have a very strong sense that no one likes you.
11-12-2009 @ 1:12AM
Prunella said...
If you don't check the expiration dates on things you buy, then you are just plain stupid.
11-11-2009 @ 6:34AM
chris said...
I have experienced this first hand in California at a Yorba Linda CVS. Even after bringing it to the managers attention they continued to sell out dated frozen Marie Callendar dinners and various other frozen products.
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11-11-2009 @ 12:08PM
Glen said...
who cares. It should be the consumers responsibility to look at the dates. Every retailer has this issue. why target CVS.
11-11-2009 @ 6:41AM
Raul said...
These guys are like a bunch of traveling fair carnies. Honestly, it's like you cannot trust anyone there to be honest and forthright.
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11-11-2009 @ 10:13AM
Eric - San Ramon, CA said...
all of you complainers are like dishonest fair carnies... trying to get something for nothing... then griping because prices keep going higher because of all of your complaining because a gallon of milk with a date clearly on two or three sides, was passed and missed by the vendor -AND YOU WERE TOO STUPID TO READ IT. So it is the stores fault and your prices will go up and stores small business will leave CA and other nanny states...
11-11-2009 @ 7:30AM
Dan said...
My local CVS in Clermont FL has refused to sell me products that expired the next day. I had not even checked the date. They are very concious of the dates.
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11-11-2009 @ 7:40AM
cvsfab said...
in many stores, if I find an expired item and i do, I take it to the clerk. many do it intentionally. you would be surprized
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11-11-2009 @ 9:55AM
Kat Watson said...
Last spring, I came upon a few package of eggs in CVS in NC that had expired the previous November, per the date on the eggs. I notified the manager. A few days later, when I was in the store, I checked to see if anything had been done. There was still one package there in the case. Either two had been removed by management and one overlooked, or the management had done nothing and two had been sold, with one remaining. Always check the dates. Kat Watson
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11-11-2009 @ 7:45AM
simmyk said...
I was a manager @ CVS and I can say our store had products that had been expired for at least TWO YEARS or more. When I started to take them down from the shelves the Store Manager looked at me like I was crazy! After I was finished with the snack section(8ft long) I had at least 4 carts full of expired products!
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11-11-2009 @ 7:45AM
janet asbury said...
I think this could happen and probably alot but I have bought expired products knowingly, like at the flea market and have used them when they were outdated but it never hurt me. Also, I thought they might lose some of their potency but they still worked. I think if people are concerned about expiration dates, they should check the dates and bring it to a clerks attention. I cannot see what the big deal is. This is ridiculous to make a company pay that kind of money and who gets paid? The lawyers for the prosecution?
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11-11-2009 @ 8:26AM
Mary said...
Okay that may be true but when you pay good money for things you want them to be fresh and I have to used out dated things but that was because I really found nothing wrong with them (like medicines and other products like that), but when it is meat or dairy and other such things I think they are all adults and were aware that doing this was against the law and now they have to pay, right or wrong when any of us do something wrong to break the law they punish us. I see it as if you don't want any problems then o bide by they laws that were set on selling things in your store or stores! Let one get away with it and then what will happen.
11-11-2009 @ 11:27AM
Eric - San Ramon, CA said...
Janet - it is not the company that pays, either (as I think we both know all to well). The customer pays for all of this.
11-11-2009 @ 2:14PM
LC said...
It's too well. Now who's the moron? You are, Eric!
11-11-2009 @ 8:04AM
barb said...
I worked for Walgreens for many years and we always checked for expired items. It is a common practice there to do so. If a customer did find an expired item and brought it to our attention, we thanked them and then reported it and checked to make sure no more items on the shelf were expired. It is possible to miss an item. It should be common practice for customers to check all expiration dates..I always do no matter what I buy.
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11-11-2009 @ 8:53AM
Cleveland01 said...
If I knew I was buying expired products at a flea market at a deep discount that would be my choice. I don't think I should pay full price at any store. I'm glad they are getting fined. They were cheating us.. now they have to pay...
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