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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Cure CVS initially found outdated products at CVS stores in Philadelphia in late 2008, and revisited stores in early 2009 (PDF).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.



A hearing on item pricing at the Massachusetts State House in Boston on May 7, 2009. Cure CVS released a report highlighting the fact that CVS Pharmacies is the single most penalized food retailer for overcharging in Massachusetts.

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.

 



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