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Brown Calls On CVS Pharmacy To End Expired
Product Sales, Protect Confidential Information
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LOS ANGELES--California Attorney General Edmund G. Brown Jr.
today called upon CVS Pharmacy to immediately stop selling
expired products, including baby food and over-the-counter
medications, which were discovered during recent undercover
shopping investigation in Southern California. The attorney
general also asked the CVS to comply with California laws
requiring proper storage and disposal consumer’s
confidential medical and financial information.
“State investigators found that dozens of CVS pharmacies in
Southern California have old and expired products, including
medicines and baby food,” Attorney General Brown said.
“CVS Pharmacy should immediately pull these expired products
from its shelves and ensure that these consumer safety
violations do not occur again,” Brown added.
During a recent undercover shopping operation, state
investigators found 48 expired products on the shelves of 26
CVS Pharmacies in Los Angeles, Orange and San Diego Counties.
Some of the expired products--which included baby formula,
toddler food, and over-the-counter medications--were between
four and six months old. Investigators also discovered expired
food products including milk and eggs. Some of the products’
“sell by” dates were hidden with price tags or other store
stickers.
Recent investigations by the New York Attorney General have
also found that CVS Pharmacies in New York have engaged in
similarly unlawful selling practices. In a letter sent today,
Attorney General Brown asked CVS Pharmacy to change its sales
practices to make certain that sales of expired product do not
occur in the future.
The California Attorney General’s Office had launched its
investigation into CVS Pharmacy sales practices in March, 2008
after receiving consumer reports about expired products on
store shelves in Southern California.
Although California law does not explicitly prohibit the sale
of certain expired products, federal laws require that
products contain expiration dates. The attorney general
asserts that placing expired items on its shelves violates
false advertising and unfair business practices statues
because CVS Pharmacy falsely implies that its products meet
national quality control standards.
Attorney General Brown also asked CVS Pharmacy to disclose its
formal policies regarding the collection, retention and
destruction of such information to determine whether the
company is complying with California law. The attorney general
has reason to believe that the company may not have properly
safeguarded or disposed of consumers’ private health and
financial information, in violation of state consumer
protection laws.
In February, 2008 Brown reached a settlement with The Walgreen
Company after state investigators discovered that that company
had failed to properly retain, safeguard and dispose of
confidential customer information, in violation of California
laws including California Civil Code section 1798.81 Under the
terms of that settlement, Walgreens agreed to revise its
disposal and retention policies, implement ongoing employee
training, and annually review those policies.
In addition to the ceasing the sale of expired products,
Attorney General Brown today asked CVS Pharmacy to quickly
resolve its practice of not protecting private consumer
information.
CVS Pharmacy, a division of CVS Caremark Corporation, is the
largest retail pharmacy in the United States with more than
6,300 retail locations and approximately 300 stores in
California, most in Southern California. The company is
headquartered in Woonsocket, Rhode Island.
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