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Connecticut Attorney General Files Suit Against CVS for Expired Products

ct-expired-goods.gifIn June 2009, Cure CVS sent a letter to Connecticut Attorney General Richard Blumenthal, calling on the Attorney General to investigate CVS's sales of expired products in Connecticut. Cure CVS visited 20 CVS stores in Connecticut in May 2009 and found expired products at over half of them.

On Monday, five months later, Attorney General Blumenthal announced that Connecticut is suing CVS for selling expired goods. According to Reuters, "antacids, baby formula, cough medicine, energy drinks and foods including eggs, milk and yogurt" were among the expired products found by the Attorney General's office for sale at CVS stores. According to WFSB in Hartford, the investigations - which took place in 2008 and 2009 - "showed that the problem worsened last year, and that nearly half of CVS stores surveyed this year were found selling expired products."

Blumenthal said of the lawsuit:

"CVS peddled potentially tainted food and ineffective medicine. Whether CVS was careless or heedless or overzealous for revenue, it betrayed its trust to consumers."
Monday's announcement comes after CVS agreed to pay $875,000 to settle allegations in New York on issues surrounding the sale of expired products. New York State Attorney General Andrew Cuomo filed suit against CVS in June 2008 for "its pervasive sales of expired products." Earlier this year CVS also agreed to pay almost $1 million to settle similar allegations in California. And the City of Philadelphia created a law prohibiting the sale of expired non-prescription drugs, infant formula, baby food, milk, milk products and eggs within Philadelphia. The law was inspired by CVS's recurring problems with the sale of expired goods in the city.

Taken together, these actions point to a widespread problem at CVS pharmacies. CVS has been caught selling expired products at stores across the country, and while the steps taken in Connecticut, California, New York and Philadelphia are promising, many more consumers could be at risk. If you find an expired product for sale at a CVS pharmacy near you, be sure to let us know about it.

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Posted by Alex G. on December 1, 2009 1:06 PM

New York Attorney General reaches settlement with CVS Caremark over expired products in New York State

CVS Caremark has agreed to pay $875,000 to settle allegations on issues surrounding the sale of expired products in New York State. The settlement comes after New York State Attorney General Andrew Cuomo filed suit against CVS in June 2008 for "its pervasive sales of expired products."

This is the second time that CVS has agreed to settle charges of selling expired goods in New York. In 2003, after being caught selling expired medicine, CVS signed an "Assurance of Discontinuance" agreement with the state and promised to refrain from selling expired goods. The Attorney General had found expired CVS-brand children's non-aspirin pain reliever, topical anti-infection ointment and ibuprofen tablets. The company paid a $3,500 penalty.

The Attorney General's more recent investigation found 142 CVS stores - or about 60% of those visited - selling products such as baby formula, milk, eggs and over-the-counter drugs past their expiration dates. Attorney General Cuomo, quoted in an article by Dow Jones, explained the terms of the new settlement:

"CVS will pay $875,000 in penalties, costs and fees, and will commit to policies and procedures designed to prevent expired products from being stocked on its shelves, including training for CVS employees...CVS stores in New York will undergo internal compliance checks for expired products, with any store that fails a compliance check paying a $2,500 penalty...[and] the settlement also requires CVS to post notices reminding customers to check expiration dates of over-the-counter drugs, infant formula, milk, and eggs in the aisles in which these products are sold."
New York is not the only state where CVS has been caught selling expired goods. In June, Cure CVS called on the Attorneys General of 39 states and the District of Columbia to investigate the company's sale of expired goods in those jurisdictions.

Have you found expired products at a CVS store near you? Use our photo uploader to send us shots of what you've found.

CVS settles N.Y. charges it sold expired products [Reuters]
NY AG: CVS To Pay $875,000 To End Expired-Products Probe [Dow Jones Newswire via Wall Street Journal]
Statement from New York State Attorney General Andrew Cuomo

Posted by Alex G. on November 10, 2009 5:01 PM

CVS Settles with California Attorney General over Allegations of Selling Expired Products, Failure to Adequately Protect Confidential Information

ca-expired-goods.jpgCVS Caremark Corporation has agreed to pay almost $1 million to settle allegations of misleading customers and unfair business practices stemming from the sale of expired products including baby food and over-the-counter medications in California. The company has also agreed to settle charges that it failed to adequately protect and dispose of customers' confidential personal and medical information.

Findings released on Wednesday by the office of California Attorney General Edmund G. Brown Jr. were similar to those discovered by Cure CVS's investigation in California. Cure CVS forwarded evidence to General Brown's office as part of its efforts to reform CVS's practices.

"CVS has demonstrated that it is either unwilling or unable to adequately protect private consumer data and protect consumers from the potential dangers of expired products. We applaud the California Attorney General for taking action to protect Californians from CVS's retail practices. There's no reason why CVS shouldn't adopt new corporate policies based on the stipulations of this settlement," said Chris Chafe, Executive Director of Change to Win.

Continue reading CVS Settles with California Attorney General over Allegations of Selling Expired Products, Failure to Adequately Protect Confidential Information.

Posted by Alex G. on June 11, 2009 9:50 AM

Expired Goods On CVS Shelves in Philadelphia

Fox 29 in Philadelphia spoke with Cure CVS representatives about expired products on CVS's shelves, and decided to investigate for themselves. Visit the Fox 29 website for the full video - a transcript of the story is below.

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fox29.jpgExperts always say it's best to throw out those expired medications, so why did one pharmacy chain have out of date products on its shelves?

Fox 29 reporter Joyce Evans checked out Philadelphia's stores to find if expired products are being sold right here in Philadelphia. She has this exclusive report.

Joanna Bouldin, Change to Win: This box of Momentum backache relief expired in November of '07, so this is over a year old.

Joyce Evans, Fox 29: It was one of over thirty products consumer advocacy group Change to Win displayed at City Hall.

Bouldin: This gallon of milk expired four days before we purchased it.

Evans: Not just dairy products and over-the-counter adult pain relief.

Bouldin: (At a package of Enfamil infant formula) This expired in November.
Continue reading Expired Goods On CVS Shelves in Philadelphia.

Posted by Alex G. on January 7, 2009 9:44 AM

New York State Sues CVS For Selling Expired Goods

New York State Attorney General Andrew Cuomo announced late last week that New York will be bringing suit against pharmacy giant CVS for its failure to remove expired goods from its shelves.

This isn't the first time Attorney General Cuomo has tussled with CVS over its sales of expired goods. In 2003, the Attorney General had caught the chain selling expired drugs, and CVS had signed an "Assurance of Discontinuance," promising to refrain from the practice and institute safeguards to prevent it from recurring. The company paid a civil penalty of $3,500 and agreed to "institute procedures to ensure that expired over-the-counter medicines will be identified and removed no later than the expiration dates listed on the packaging."

 

However, the chain was caught selling expired goods again in June of 2008, and the Attorney General's office took legal action against the company. Of the CVS stores Cuomo's staff visited, sixty percent had expired products on the shelves, including Nuprin, CVS brand Junior Pain Relief, Enfamil infant formula, CVS brand cough syrup and antifungal cream.

It's not surprising, then, that the Attorney General has finally opted to file suit against the company. According to Bloomberg News, "New York wants CVS to be ordered to retain an independent monitor for monthly checks, post signs for consumers that they are entitled to refunds for expired products and their health risks and pay a civil penalty of $500 for every violation of general business law."

It's great to see the Attorney General taking action to protect the public health (and fairly enforce business law), but this isn't just a New York issue. The Wall Street Journal's Health Blog explains "The problems at CVS apparently aren't limited to New York. Expired products have been found in CVS stores in California and Pennsylvania," and communities across the country should follow New York's lead and start taking action.

 



Posted by Alex G. on December 8, 2008 5:57 PM

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