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Attorney General reaches settlement with CVS in PA


Pennsylvania Attorney General Kathleen G. Kane’s office announced a $450,000 consumer protection settlement with Pennsylvania CVS Pharmacy, L.L.C.

The settlement follows allegations the company violated a 2010 agreement in which it agreed to address concerns related to the sale of expired over the counter drugs, infant formula and dairy products.

The settlement is the result of an investigation by the Office of Attorney General’s Health Care Section, which also worked on behalf of consumers on the 2010 agreement. The settlement was filed in the form of a consent decree.

The 2010 agreement, reached in the form of an assurance of voluntary compliance, called for CVS stores in Pennsylvania to institute a system to ensure that expired products were not sold. Agents with the Office of Attorney General conducted a compliance check to determine whether CVS was violating the agreement.

Agents allegedly reported finding expired products, including infant formula and drugs made for children, at five of the six CVS stores they visited. CVS employees in two cases also allegedly bypassed a register prompt that was designed to prohibit the sale of expired products.

The settlement requires CVS to provide customers with a $3.50 coupon if they find an expired product in a CVS store in Pennsylvania. The settlement also requires CVS stores in Pennsylvania to implement several policies, which include the following:

• CVS shall implement, or review, its expired products policy regarding appropriate practices and procedures to ensure that expired products are not sold or offered for sale in Pennsylvania.

• CVS shall provide all of its Pennsylvania store managers and employees involved in the stocking of baby food, dairy products, infant formula and over the counter drugs with annual training regarding its expired products policy.

• CVS shall implement and maintain a program of internal compliance checks to remove expired products from store shelves.

• CVS shall prominently post notices in the aisles where baby food, dairy products, infant formula and over the counter drugs are offered for sale, reminding customers to check the “Sell By” or “Expiration” dates.

• CVS stores every three months shall select and audit a minimum of 25 percent of retails stores in Pennsylvania, with all stores being inspected at least once per year.


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