The Contra Costa County District Attorney’s Office Consumer Protection Unit has settled a civil law enforcement action against CVS Pharmacy for selling expired over-the-counter drugs and baby formula.
CVS Pharmacy owns and runs pharmacies and retail stores throughout California – with 31 stores in Contra Costa County. These stores offer a variety of products such as over-the-counter drugs, food, infant formula, and baby food.
California law prohibits retailers from selling or offering for sale any over-the-counter drug that has expired. Also, food retailers in California are prohibited from selling or offering for sale any infant formula or baby food that has passed its “use by” date, as mandated by the federal Food, Drug, and Cosmetic Act.
The civil complaint — which was filed in Santa Cruz County Superior Court on May 9th — alleged that CVS Pharmacy has been selling expired over-the-counter drug products, as well as infant formula and baby food past their “use by” date for the past four years.
After being informed of the violation, CVS Pharmacy cooperated with authorities and acted by conducting internal checks for expired over-the-counter drugs, infant formula, and baby food that were past the “use by” date at all their retail locations in California. CVS Pharmacy also invested time and resources to retrain store personnel to verify the expiration dates of food and drug products.
It’s important to note that the investigation did not uncover any evidence that the sale of expired or past the “use by” date products resulted in harm to consumers.
Contra Costa District Attorney Diana Becton said, “This enforcement action underscores how our work helps to protect consumers from unlawful business practices. The residents of Contra Costa County must have confidence that the products they purchase are safe and not beyond their expiration dates. This settlement shows that CVS Pharmacy understands the seriousness of the violations and has taken steps to remedy the problem.”
CVS Pharmacy agreed to abide by a court order that prohibits any further violations of California law regarding the sale or offer for sale of expired over-the-counter drugs or infant formula and baby food past their “use by” date.
The agreement was made without admitting or denying any wrongdoing. As part of the judgment, CVS will pay $6,500,000 in civil penalties and investigative costs, as well as an additional $1,000,000 in restitution. The restitution amount will be contributed to various charitable organizations that serve California residents throughout the state. Locally, CVS Pharmacy will pay the Contra Costa County District Attorney’s Office $475,000 in civil penalties, and $19,000 to reimburse the office for prosecution costs.
12 comments
WOW great job by our DA & spot on prioritization of legal assets…SMDH
They better start checking Safeway and other stores they aren’t the only ones.Consumers should be diligent when purchasing items by checking dates on their own. A waste of money and resources with tax payers money.
Experiment, Find an expired product, put a small identifying mark on bottom of packaging then give product to clerk or manager telling them product is expired.
.
Go back later in the day or next day and check if marked package is back on the shelf for sale.
You might be surprised . . . . .
I once did that with some candy at a convenience store (without the identifying mark, though). Sure enough, it was on the shelf the next day.
How about sending rapist to prison and protecting society?
This DA and her office is a complete joke.
Meanwhile, the shoplifters walk out of retail stores with shopping carts full of goodies, and nothing is done about it. Which reminds me, today’s Water Cooler question is what are the pros and cons about living in Contra Costa County. The biggest con is Diana Becton, our district attorney.
That must have been one hell of an investigative task force to cost $6.5 million. The Soros mafia just had a good pay day.
Heard Soros croaked yesterday if true not shedding any tears & humanity just got a little better…
When did district attorneys office become focused on going after deep pockets in order to generate revenue??
Can shoplifters now sue the store if what they stole has expired?
‘I’m surprised there was anything in stock. Never seen as tore that gets orders in once a week, but never knows what’s coming and usually never arrives or sits in the back for weeks. I miss Longs!!!!!!
You mean those shoplifters were stealing expired formula??? Watch them sue and win.
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