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tylenol.jpgCure CVS has found expired food, infant formula and over-the-counter medication for sale at hundreds of CVS stores. While many of these problems persist, now it seems there's another reason to be cautious of the products on some CVS shelves.

Recalled Tylenol products still on store shelves [Bakersfield Now, 1/20/09]

BAKERSFIELD, Calif. -- Walking out of a local pharmacy store, Kim Van Tassoe said she was not aware of a recall of numerous Tylenol products.

"It's very concerning, and I had no idea," said Van Tassoe.

The list includes batches of Tylenol, both regular and extra strength, Children's Tylenol, Eight-hour Tylenol, Tylenol Arthritis, Tylenol PM, Children's Motrin, Motrin IB, Benadryl, Rolaids, Simply Sleep and St. Joseph's Aspirin.

Read the full story at Bakersfield Now.


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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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

phila-expired-graphic.gifPhiladelphia Mayor Michael Nutter recently signed into law (PDF) a bill prohibiting the sale of expired non-prescription drugs, infant formula, baby food, milk, milk products and eggs within Philadelphia. Many thanks to the Cure CVS coalition members who made this victory possible!

Cure CVS initially found outdated products at CVS stores in Philadelphia in late 2008, and revisited stores in early 2009 (PDF). As late as May of this year, CVS was still selling expired goods in its Philadelphia stores, despite citations from state inspectors and complaints from consumers.

The new law is a fantastic step forward for consumers in Philadelphia, but CVS stores are selling expired goods in stores all over the country, not just in Pennsylvania. In hopes of ending this practice nationwide, Cure CVS sent letters to the Attorneys General of 39 states and the District of Columbia, asking that CVS be investigated for selling expired goods.

Click here to read about your state.

These incidents aren't isolated: our investigation found evidence that CVS has a pattern of selling expired products. If you find an expired item on the shelf of your local CVS store, let us know about it: upload your photos of expired products found at CVS stores.

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Providence-area consumer advocates rallied in Providence on Thursday outside the CVS at 70 Kennedy Plaza, calling on CVS to adopt new corporate policies to protect consumers. Citing concerns for public health over CVS's sale of expired products and practice of locking condom cases in some stores, advocates shed light on new findings from surveys of the company's stores.

After revealing last month that CVS pharmacies in Greater Providence were selling expired milk, infant formula and over-the-counter medications, consumer advocates called on the company to clean up its stores - and its act. But spot checks done earlier this month revealed CVS stores in the area are still selling expired goods. Of the 20 CVS stores visited in early June, 60% were caught selling expired products, including expired milk, infant formula and over-the-counter medications. Health experts have warned against using products past their expiration date.

"It's unethical to cut corners with our healthcare," said Brother Jakob Lazarus Thibault, of the North American Old Catholic Church. "With CVS earning billions of dollars in annual revenue, we have paid for the right to be treated like human beings!"

Consumer advocates rallied outside the CVS store at 806 S. 75th Street in Houston yesterday, calling on the pharmacy chain to stop selling expired products in its stores. Findings released yesterday found that Greater Houston CVS stores have failed to adequately address these issues since a February survey of 34 local CVS stores found expired dairy products, medication or infant formula for sale at 90% of the stores visited.

Houston-based groups are calling for CVS to adopt new corporate policies after the California Attorney General announced last week that CVS will pay almost $1 million to settle allegations of misleading customers and unfair business practices stemming from the sale of expired products and of failing to adequately protect and dispose of customers' confidential personal and medical information.

Houston community leaders were quoted by KHOU on the issue:

 "There are serious disparities in terms of those products," said DeLoyd Parker with the Shape Center. "I mean that's serious. Look at our children. Look at the families these businesses serve."

"We care about what the consumer is getting. We found that by shopping at CVS we're not getting first rate products or products that have a usable shelf life and we're concerned about the effects of some of these products," said Francisco Rodriguez with LULAC.

Study: CVS is selling expired products [KHOU, Houston; 6/18/09]

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.



Actions in fifteen cities today called on CVS to improve corporate policies addressing the sale of expired products in the company's stores.

CVS recently agreed to pay nearly $1 million for selling expired products and improperly disposing of patient information in California, a victory for consumers in the state. In addition to the fine, CVS agreed to adopt new policies and retrain employees to remove expired products in its 800 stores in the state. The stipulations only apply to stores in California, however, despite the fact that CVS has been caught selling expired goods in numerous states.

philly-testimony.jpgThe City of Philadelphia moved a step closer to banning the sale of expired products by CVS and other retailers on June 9, as the City Council's Health Committee voted 5-0 to send a bill banning such sales to the floor of the Council for final action. Supporters from the National Organization for Women, the Women's Community Revitalization Project, Congreso de Latinos Unidos and several labor organizations applauded the unanimous vote.

Karen Collins of the Women's Community Revitalization Project told the committee she was upset when she heard on the news that CVS was selling expired medicines and other products. "I spend my hard-earned dollars there, and I expect products that are not outdated. ... As someone who has had to be creative on a fixed - also known as low - income, I have relied on these kinds of stores to feed my kids, calm their upset stomachs, and cure my own headache."

Low-income families often lack drug coverage and so they rely on over-the-counter medicines to treat their families' illnesses, according to Liana Rodriquez, who manages the Maternal Infant and Child Health Care Program at Philadelphia's Congreso de Latinos Unidos. But, said Rodriguez, those who don't read English rely on CVS and other stores to make sure the products they sell are not expired. She recalled a mother "that bought an expired baby food without knowing. Unfortunately, she found out the hard way, which was her having to take her child to the ER due to an upset stomach and vomiting."

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.




Unitarian minister Judy Tomlinson speaking in Newark, NJ on May 21, 2009, on CVS's responsibilities to the communities it serves.



Bridgeport, CT's WTNH's story on expired products at CVS stores in Fairfield County.




Above, photos from Cure CVS rallies in Indianapolis and Chicago today. Protesters spoke out against CVS's continuning sale of expired products at its stores.

report-thumb.jpgDuring April and May, 2009, surveyors visited 310 CVS stores in 9 states and found expired infant formula, medication and/or dairy products for sale at 180 CVS stores, more than 58% of stores surveyed. The new findings include:

  • More than half of the CVS stores surveyed in the Metro Chicago are had expired products for sale including milk that was three weeks past its sell-by date.
  • 69 percent of CVS stores surveyed in Metro Atlanta had some expired products on their shelves including CVS-brand medication more than two years past its sell-by date.
  • Two-thirds of the CVS stores surveyed in Greater Pittsburgh had expired products for sale including infant formula that was six months past its sell-by date.
  • There were also significant problems with expired products for sale at CVS stores surveyed in Indianapolis, Indiana; Providence, Rhode Island; Bridgeport Connecticut; Newark, New Jersey and in Baltimore, Maryland where surveyors purchased medication for infants that was more than three years past its expiration date.
CVS's Pattern of Selling Expired Products
Change to Win released similar findings of surveys conducted at CVS stores in 10 other markets last December, one day before New York Attorney General filed suit against the company to protect New Yorkers from CVS's pattern of selling expired medicines, infant formula, milk and eggs.

CVS's offering expired products for sale poses "serious, even life-threatening consequences" to CVS customers, according to the Office of New York Attorney General Cuomo. It also violates CVS's 2003 agreement with the New York Attorney General not to sell expired nonprescription medicines.

Community Leaders Call on CVS to Stop Selling Expired Goods
Rallies were held outside CVS stores today in 9 states where community leaders displayed the expired products recently purchased from CVS and warned consumers to be careful about making their purchases.

Click here to download the full report (PDF).

At actions in nine cities today, community members, consumer advocates and social activists spoke out against CVS's ongoing practice of selling expired products. Here is some of what was said today.

"I live in this community, right nearby this CVS. What bothers me is that CVS doesn't seem to have any problem taking our money, but seems less concerned about how they treat us in return. Rhode Island subsidizes CVS in many ways. We have a right to expect CVS to respect the community and ensure safe, quality products." - John Prince, Direct Action for Rights and Equality, Providence, RI.

"CVS needs to clean up its act immediately and stop putting the health of our communities at risk. CVS's record of selling expired goods is disgraceful. You'd think CVS would figure out a way to get it right by now if it really cared, but maybe it thinks it's good business sense to sell us bad goods. I think CVS is dead wrong." - Shaun Martinez, United Students Against Sweatshops, Baltimore, MD.

"[Selling expired products] is a serious health concern. In a time where we have record high unemployment rate and thus yielding a high rate of uninsured we can't afford to have corporations like CVS selling us expired goods -- eggs and mayonnaise, are dangerous when they go bad. The well-being of our youth relies on well balanced nutrition. What sort of message are we sending to our community and our state when we allow companies like CVS to sell infant formula and medicine for kids that are expired well over 6 months! This is not something to play around with. As a state we must do all we can to ensure that we fight for a healthy RI - understanding that we ALL suffer when we allow this type of discrepancies to go unanswered."  - Ivette Luna, Ocean State Action, Providence, RI.

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Learn more about CVS's history of selling expired products here.




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.

Expired goods have been found on CVS store shelves across the country: out-of-date infant formula, expired medications, spoiled milk and eggs past their expiration date have all been found for sale at CVS stores. In a national survey, Cure CVS researchers found expired products for sale at 42% of stores surveyed - and one of those stores could be near you.

Tell CVS to clean up its act!

Our team surveyed over 1,500 CVS stores, but we didn't visit every store in the country and we're sure there are still more expired products to be found.

So we need your help: go to your local CVS pharmacy and search the shelves for expired products. Find expired milk in the dairy case? Out-of-date infant formula or children's medicine? Take a picture of the expired products you find and upload them to our site:

Tell CVS to clean up its act!

Community leaders and activists are taking action in eight cities across the country today to tell CVS to clean up its act. Visit our blog to see photos, read about the actions and find out what other people are saying about CVS?s expired products.

You can join the effort by going to your local CVS and searching for expired products on the shelves. Upload your photos and together we'll send a message to CVS that consumers won't tolerate this behavior from the country's largest retail pharmacy chain.




Advocates in Philadelphia inform consumers about the problems at CVS pharmacies. Similar events were held in Washington, DC., Houston and Orlando today.


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