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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

Victory in Philadelphia: Expired Goods Bill Becomes Law

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.

Posted by Alex G. on September 17, 2009 11:05 AM

In Photos: Rally in Providence Against Expired Goods

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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!"

Posted by Alex G. on June 23, 2009 2:52 PM

KHOU On Expired Goods at CVS Stores

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]

Posted by Alex G. on June 19, 2009 9:06 AM

Philadelphia City Council Votes to Clamp Down on Sale of Expired Goods

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.

Posted by Alex G. on June 18, 2009 4:54 PM

Tell CVS: Stop Selling Expired Goods!



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.

Posted by Alex G. on June 18, 2009 1:36 PM

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