CVS Sued For Selling Expired Drugs, Food

Connecticut Attorney General Richard Blumenthal and Consumer Protection Commissioner Jerry Farrell Jr. are suing the giant CVS Pharmacy chain, claiming it has sold food, beverages and over-the-counter medications past their expiration dates at 20 or more of its Connecticut stores.

According to Blumenthal, the expired items included cough and allergy medicines, baby formula and antacids, as well as energy drinks and dairy products, such as milk, eggs and yogurt. The expired products were found over a 12-month period when check were made last summer and the previous summer.

Blumenthal said he investigation showed the problem worsening since last year as nearly half of CVS stores surveyed this year were found selling expired products compared to about a quarter in 2008. 

“Shockingly, our 2009 investigation showed nearly one of every two CVS stores surveyed selling out-of-date food and over the counter medicine. The out-of-date rate — double last year — seems definitely worsening. Out-of-date products were basics like cough and allergy medicine, baby formula and dairy products. CVS’ failure to properly police and supervise its shelves — allowing out-of-date medicine and potentially rotten food to remain — is unconscionable and unacceptable. Especially appalling is the sale of expired baby formula — which loses nutrients over time — robbing infants of vital nourishment,” Blumenthal said in a prepared statement.

“Basic business law and ethics give consumers a right to unspoiled food and safe and effective medicine. I will fight for significant penalties against CVS, sending a powerful message that expiration dates must be respected. Any item past its expiration date should be off shelves, out of stores,” he said. “When shopping at CVS, consumers should check carefully and scrutinize closely because out-of-date products may still be on shelves.  CVS peddled potentially tainted food and ineffective medicine. Whether CVS was careless or heedless or overzealous for revenue, it betrayed its trust to consumers.”

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