January 20, 2016
Pennsylvania Attorney General Kathleen Kane announced Wednesday that a $450,000 consumer protection settlement has been reached with Pennsylvania CVS Pharmacy, L.L.C., over the alleged sale of expired over the counter drugs, infant formula and dairy products.
The settlement comes after the DA's Health Care Section alleged the pharmacy chain violated a 2010 agreement to address concerns perviously expressed about expired products. That agreement stipulated that CVS had to institute a plan that would prevent the issue from continuing at its stores. Investigators who conducted a series of state compliance checks, however, said they found ongoing violations at several locations.
At five out of six CVS locations inspected, agents allegedly found expired infant formula and OTC drugs intended for young children. Agents also charged that in two cases, CVS employees bypassed cash register prompts created specifically to prohibit the sale of expired products.
The settlement reached Wednesday reinforces several key aspects of the 2010 agreement and also provides a few additional measures.
CVS will be required to review its policies and procedures surrounding expired products must provide annual training for all Pennsylvania store managers and employees involved in the stocking of baby food, infant formula, dairy products, and OTC drugs. All stores in Pennsylvania must also implement and maintain a system of internal compliance checks to remove expired products.
Customers will soon see prominently displayed notices in relevant aisles reminding them to check the "Sell By" and "Expiration" dates on products they intend to purchase.
In the future, CVS will be required to select and audit a minimum of 25 percent of retail stores in Pennsylvania and permit the Commonwealth to perform audits of in-state locations.
CVS released a statement Wednesday acknowledging the settlement but denying any liability or wrongdoing:
“CVS/pharmacy makes every effort to ensure that expired products are not sold to customers and we have a clear product removal policy and procedures in place at all of our stores to help ensure that items are removed from store shelves before they reach their expiration dates. Any unintentional deviations from this policy that are brought to the company’s attention are quickly rectified for customers.
"Our agreement with the State of Pennsylvania resolves allegations that a limited number of our stores were found to be non-compliant with the previous agreement between CVS and Pennsylvania. The agreement also commits CVS/pharmacy to continue our existing product removal and monitoring practices, employee training program, and the offering of enhanced discount coupons to customers who notify store employees if they discover certain expired products, among other things.
The Company has not admitted any liability or wrongdoing, and has entered into this agreement to avoid unnecessary expense, inconvenience or uncertainty of further investigation or legal proceedings.”
The Office of the Attorney General's Health Care Section acts as a consumer advocate for residents experiencing difficulty with health care organizations. It mediates consumer complaints, investigates business practices and initiates appropriate legal action on behalf of consumers and the public interest.
