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Wall Kmart Sold Expired Baby Formula, Meds

Fines, increased inspections required for big box retailer

The Kmart store on Route 35 was among more than a dozen stores in the chain selling expired over-the-counter drugs and baby formula throughout New Jersey, according to court documents.

In all, 257 separate items were offered for sale or were sold well beyond their expiration dates at 19 the discount retailer's 36 New Jersey locations. Some items were several months to more than two years beyond their expiration dates, according to a lawsuit brought by the state Attorney General's Office.

In Wall, eight expired items were sold or offered. The retailer's other Monmouth County location, in Hazlet, sold one expired item. In Ocean County, stores in Brick and Toms River also made the list, selling 8 and 7 items, respectively.

As part of a settlement, Michigan-based Kmart will pay $302,500, donate $25,000 worth of infant formula to charity, pay for continued unannounced state inspections, and implement new product inspection measures, according to the suit.

At least 20 of Kmart’s New Jersey stores will be inspected each quarter, according to the settlement.

Kmart for 18 months will also appoint two senior level management employees to serve as compliance liaisons with the state. They will conduct unannounced inspections of Kmart’s New Jersey stores to identify expiring and expired products, and review the stores’ compliance with Kmart’s policies regarding the expiration dates of infant formula and non-prescription medication, the statement said. 

The compliance liaisons will then submit quarterly reports to the Division of Consumer Affairs, and meet with state inspectors for an 18 month-long period. Each Kmart store will now have to have two "date code inspectors" on hand who will inspect dated items and keep a rotational calendar updated and on hand.

Kmart will also provide funding for random, unannounced inspections of its New Jersey stores by the Division of Consumer Affairs, continuing for one year, according to the settlement.

The expired items were found in stores located in Atlantic, Bergen, Burlington, Camden, Cape May, Essex, Gloucester, Mercer, Monmouth, Morris, Ocean, Passaic and Somerset counties.

Question January 14, 2013 at 06:39 PM
When were they sold? Any dates?
Keith Brown January 14, 2013 at 06:42 PM
According to the attached settlement, inspectors visited the state's Kmart stores over two days in March, 2010 -- March 16 and 17.
Cathi January 14, 2013 at 07:07 PM
We're hearing about this three years after the fact (not your fault) and the items Wall had available for sale was 8. Dover NJ had store with 71 expired items. I wouldn't be too upset. I also feel the consumer must be aware of dates on the products they buy. Most especially food items for babies/chilren
Maureen Fitzgerald January 15, 2013 at 05:40 PM
I was at one of our local food stores a couple weeks ago and over half of the yogurt on 'sale' was over a week out of date, asa were several packages of cheese. And this was only on one, quick visit. I find this all of the time. And I agree, the consumer must be aware of dates on the products they buy, but there is also an expectation that the food sold is fresh. And yes, I reported it to the store.


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