Bryan Cohen Jan. 14, 2013, 7:26pm

NEWARK, N.J. (Legal Newsline) - New Jersey Attorney General Jeffrey Chiesa announced a settlement on Friday with Kmart to resolve allegations that the retailer sold or offered for sale expired infant formula and non-prescription medications at 19 locations.

Inspections by the Division of Consumer Affairs claimed that Kmart had a total of 257 packages of infant formula and/or non-prescription medications that were between nine and 29 months past the expiration date. The products were still available for sale and investigators purchased a total of 68 expired items at the 19 stores, they said.

"Our unannounced inspections revealed expired infant formula and non-prescription medications at more than half of all Kmart stores in New Jersey, including every region of our state," Chiesa said. "Some products were more than two years past the expiration date. This is unacceptable, and a clear violation of our consumer protection laws. This consent order includes a plan by which we will continue to hold accountable every Kmart store in New Jersey, monitor their compliance, and demand results if any store is found to repeat this mistake."

The state's Consumer Fraud Act expressly prohibits the sale of infant formula or non-prescription drugs subject to U.S. Food and Drug Administration expiration dating requirements if the expiration date has passed.

Under the terms of the settlement, Kmart will pay $302,500, donate $25,000 worth of infant formula to charity, implement remedial measures to inspect its merchandise and pay for continued unannounced state inspections.

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