CVS to pay Contra Costa County for selling expired medication, baby formula
WANTAGH, NEW YORK - MARCH 16: An image of the sign for the CVS Pharmacy as photographed on March 16, 2020 in Wantagh, New York. (Photo by Bruce Bennett/Getty Images)
MARTINEZ, Calif. - Drugstore chain and pharmacy CVS agreed to pay several California counties for selling expired medication and baby formula.
Contra Costa, and Solano were among the 12 counties filed a joint civil suit against CVS Pharmacy on May 9. The suit alleged that CVS Pharmacy had been selling expired over-the-counter medication, baby formula and baby food past the "use by" date for the past four years, the Contra Costa County District Attorney's Office said.
California law prohibits retailers from selling over the counter drugs that have expired. The law also prohibits food retailers from selling baby formula or baby food that has passed its "use by" date, according to the Federal Food, Drug, and Cosmetic Act.
The Contra Costa DA's office said CVS cooperated with authorities and acted by conducting internal checks for expired medications, infant formula, and baby food at all their stores in California. CVS has 31 stores in Contra Costa County alone.
Authorities also said CVS also retrained employees to verify the expiration dates of food and drug products. The investigation didn't show evidence the sale of expired products resulted in harm to any consumers.
"This enforcement action underscores how our work helps to protect consumers from unlawful business practices," Contra Costa District Attorney Diana Becton said, in a statement. "The residents of Contra Costa County must have confidence that the products they purchase are safe and not beyond their expiration dates. This settlement shows that CVS Pharmacy understands the seriousness of the violations and has taken steps to remedy the problem."
As part of the settlement agreement, CVS did not have to admit or deny wrongdoing.
CVS will pay $6.5 million in civil penalties and investigative costs and $1 million in restitution, the latter of which will go to various charitable organizations throughout the state.
In Contra Costa, CVS will pay the DA's office $475,000 in civil penalties and $19,000 to reimburse the office for prosecution costs.