CVS settles in Nev. over allegations of expired products

Nick Rees Oct. 23, 2009, 3:58pm


CARSON CITY, Nev. (Legal Newsline) - Nevada Attorneey General Catherine Cortez Masto has reached a settlement with a chain of pharmacy stores that is alleged to have sold certain products beyond their expiration dates.

CVS Pharmacy, Inc., was alleged to have failed to disclose material facts in connection with offering expired products for sale and concealing the date of a product's expiration. In entering into the settlement agreement with Masto, CVS denied any wrong-doing as alleged by the state and will pay a $5,000 fine.

CVS has also agreed to not sell expired products throughout its Nevada stores. It will also enforce written expired product policies that are designed to ensure that products sold are not expired.

Additionally, CVS will implement training sessions meant to teach employees to enforce CVS' expired products policies and to regularly check their inventory to discover expired products on their shelves. CVS will provide documentation to the Attorney General's Office of the training and will be subject to random audits to assure compliance.

Certain aisles containing baby food, infant formula, dairy products, eggs and over-the-counter drugs will have notices posted in them to remind customers to check the expiration and sell by dates of the products. The notes will also ask consumers to immediately notify a CVS employee if an expired product is found.

For three months from the date of the settlement, consumers will also be entitled to a $2 coupon for any future purchase of any item at any Nevada CVS store if expired baby food, infant formula, dairy, egg or over-the-counter drug product is found by the consumer offered for sale.

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