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Eight out of ten Boston-area CVS stores surveyed have failed to correct overcharges even after being notified of the errors according to a study released on Thursday at a City Hall press conference. The study was conducted by Cure CVS, the same group that surveyed local CVS stores for instances of overcharging in April. Surveyors went back to some of the same CVS stores where they were overcharged two months ago and found in many cases that CVS had still not corrected the problem --surveyors were overcharged again on the same items.

"It is important to me that consumers in Boston are protected from unfair business practices, especially during these difficult economic times. People need to have the tools to protect themselves from being overcharged, and I have always supported item pricing and other reasonable consumer protections. I will continue to urge state lawmakers and the administration to ensure that every business in the Commonwealth plays by the rules," said Boston Mayor Thomas Menino.

The Philadelphia City Council unanimously voted today to clamp down on the sale of expired goods, passing a bill that will "prohibit the sale of expired non-prescription drugs, infant formula, baby food, milk, milk products and eggs." The measure, backed unanimously by the Council's Public Health Committee, also offers a bonus to consumers who discover expired goods on store shelves: half off an unexpired container of each expired item they find. CVS has been caught selling expired products multiple times at its stores in Philadelphia.

"I thank City Council for taking this necessary step to protect consumers. No store should be allowed to sell out of date milk, infant formula and over the counter medicines," said Lance Haver, the City Consumer Affairs Director.

 "CVS markets itself as a solution for overworked and overstressed women. When the mayor signs this bill, women will have one less thing to stress about: we will know that if CVS and other retailers put expired products on their shelves, at least they will pay a price," said Dee  Johnson of the Philadelphia chapter of the National Organization for Women (NOW).

The news comes today as consumer advocates are holding events outside CVS stores in 15 cities around the country over the sale of expired goods, among other issues.

CVS agreed last week to pay nearly $1 million to the State of California to settle allegations of misleading customers and unfair business practices stemming from the sale of expired products and failing to adequately protect and dispose of customers' confidential personal and medical information. CVS agreed to require bimonthly removal of expired products and improved employee training in its more than 800 California stores; however that agreement only applies to California. Advocates are calling on CVS to extend the reforms mandated by the settlement beyond California and adopt new corporate policies and reporting around expired goods in its stores.

more-than-the-advertised-price.gifAfter news emerged in April that Boston CVS stores were overcharging their customers, consumers might have expected change from the retail pharmacy giant. But new surveys conducted this month reveal that eight out of ten Boston-area CVS stores surveyed have failed to correct overcharges, even after being notified of the errors.

Surveyors went back to some of the same CVS stores where they were overcharged two months ago and found in many cases that CVS had still not corrected the problem. Surveyors were again overcharged on the same items.

CVS Caremark Corp. is by far the most penalized food retailer in the state for overcharging and other pricing violations, according to the Massachusetts Office of Consumer Affairs and Business Regulation. There are multiple bills currently under consideration by the state legislature that would weaken item pricing laws, thus giving the state less power to protect consumers from overcharging at retail stores.

Boston City Councilmember Sam Yoon called on CVS to stop overcharging its customers and introduced a City Council resolution today to oppose all proposed state legislation that would weaken item pricing laws.

"People are struggling to make ends meet in this economy, and we need to ensure that consumers are being protected and that the laws of the commonwealth are respected and enforced," Councilmember Yoon said. "Still, there are attempts to water down the existing laws in this area. This week, I am filing a resolution that opposes the pending legislation in the State House to weaken consumer protection laws, and I call on my colleagues in the City Council to join me in this act."

Click here to download the full findings of our recent report, "Your Total Is...More Than The Advertised Price."




Phildelphia City Councilwoman Maria D. Quiñones-Sánchez introduced legislation today outlawing the sale of expired medication and infant formula in Philadelphia. Quiñones-Sánchez, along with bill sponsors Blondell Reynolds Brown and William K. Greenlee have grown increasingly frustrated as the CVS drugstore chain has been repeatedly caught selling expired products while the city lacks enforcement power to stop it.


City Council Members Maria D. Quiñones-Sánchez, Blondell Reynolds Brown and William K. Greenlee joined Philadelphia Consumer Affairs Director Lance Haver, National Organization for Women Philadelphia Chapter President Karen Bojar, and Bishop Dwayne Royster of the Living Water United Church of Christ at a press conference in Philadelphia's city hall yesterday. Greenlee called on the Philadelphia City Solicitor to "let CVS know in no uncertain terms that there will be consequences for continuing to sell expired goods in Philadelphia."

philly-speaker.jpgThis morning Philadelphia City Council Members Maria D. Quiñones-Sánchez, Blondell Reynolds Brown & William K. Greenlee joined Philadelphia Consumer Affairs Director Lance Haver, National Organization for Women Philadelphia Chapter President Karen Bojar and Bishop Dwayne Royster of the Living Water United Church of Christ at Philadelphia's City hall to criticize CVS's continuing sale of expired goods.

CBS 3 explained "despite numerous warnings in the past, [CVS] continues to sell expired products at numerous stores in the area. Officials said three dozen expired goods, including over-the-counter medicine and infant formula, were found during a survey of 15 Philadelphia CVS locations."

"CVS has been repeatedly caught selling expired products in our City and around the country," said City Councilwoman Maria D. Quinones Sanchez. "The City needs to take action to stop this abuse."

Councilman Bill Greenlee agreed: "I call on the City Solicitor to let CVS know in no uncertain terms that there will be consequences for continuing to sell expired goods in Philadelphia." Councilwoman Reynolds-Brown added, "Children and families in the 21st Century should not and can not be exposed to outdated goods when it is preventable. We believe that CVS, and all retailers for that matter, need to be responsible corporate citizens and ensure that what they are selling are not expired and potentially dangerous items."

Community and civil rights leaders are also calling for enforcement action against CVS. "CVS has spent millions of dollars on ads to create the image that CVS supports women as caregivers, but women don't want to expose their children or themselves to the dangers of expired infant formula, expired medicines and expired milk," said Kathy Black, President of the Coalition of Labor Union Women Philadelphia Chapter and Vice President of the Philadelphia Chapter, National Organization for Women.

WKYW Philadelphia quoted Councilmember Greenlee discussing the country's largest drug store chain: "Maybe you can make an argument for a small store that doesn't have the employees to keep up. But CVS knows better, they have enought [sic] people to deal with this, and they just appear to be, for lack of a better word, ignoring it."

City Council Members Outraged Over Expired Goods [CBS 3 Philadelphia]
Phila. City Council Members Blast CVS Drug Chain for Expired Products [WKYW]

catania.jpgD.C. Councilmember David Catania, head of the Council's Committee on Health, heard testimony today on CVS Caremark's corporate practices and how they affect residents of the District of Columbia.

Speaking about CVS Caremark's pharmacy benefits management - a service which connects retail pharmacies and private insurance companies -  Change to Win Executive Director Chris Chafe and Health Care Initiatives Policy Director Jasmin Weaver discussed their alarm at several of CVS Caremark's practices.

According to their testimony, CVS Caremark has repeatedly shared private patient data with third parties, often as a paid service to pharmaceutical corporations. In addition, CVS Caremark has been accused in the past of switching patients' prescriptions to non-prescribed alternatives in order to increase revenue - despite the possible impact this may have on insurance company costs and patient health.

Councilmember Catania shared Chafe and Weaver's concerns, particularly in light of CVS's overwhelming presence in D.C. With 52 stores within the city limits, CVS commands an astonishing 58% of the retail pharmacy market. Rite Aid, by comparison, has only seven stores in the District, and Walgreens has only one.

Councilmember Catania made clear that he intends to investigate CVS Caremark's actions, and expressed specific concerns about possible violation of D.C. prescription dispensation laws, anti-monopoly laws and patient privacy acts. The session was recessed - but not adjourned - pending further inquiry.

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