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Jun 17, 2008 -- Drugstore chains sued for stocking expired products

The attorney general of the state of New York has gone after CVS and Rite-Aid for repeatedly selling expired goods on their shelves, including OTC medications. This has long been a problem in retail, but this is perhaps the first time that it has ever resulted in a lawsuit.

In 2005, Clark himself found OTC medications that were 5 years past their expiration dates on the shelf of a third chain drugstore. He was so fired up that he brought it to the manager's attention. Unfortunately, the manger was underwhelmed by Clark's complaint and didn't seem to care.

Recently while in a warehouse club, Clark discovered expired soft drinks on the shelf. He found an employee and showed them the items. But when he came back a week later, they were still there.

Clark doesn't believe there's any conspiracy to sell us spoiled food. But you must be your own police officer and check expiration dates before you make a purchase.

In fact, the penny-pinching guru describes himself as "obsessive compulsive" when it comes to checking dates. He routinely digs around on the shelves to get the latest possible date on milk and medications.

One caveat: It's difficult to tell if the date is a "marketing expiration date" or the real deal. Some drug makers put an early date on their products to get you to throw them out and buy more.


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What others are saying

  • scam
    The implementation of putting expiration dates on products was either a slick ploy by manufacturers to sell more product or some kind of money-making class action lawsuit by a slick attorney to line his pockets.
  • CVS
    I was in CVS on Cobb Parkway Kennesaw Ga just a week ago to buy my vitamins and nearly every bottle of Nature Made Vitamins that I picked up was expired. Some were nearly a year past the expiration date. Other brands were also expired. I told the clerk at the check out and he cared less. **Also be aware that CVS ALWAYS overcharges you** You must watch the clerk ring up each item and check the prices. They rarely ring the correct "on sale" price.
  • Expired drugs
    The unfortunate part is that you have no way of dating prescription drugs after they put them in a separate container.
  • Old Drugs
    When they get old enough, most medicines just loose their effectiveness but some can really harm you. For example, old tetracycline can cause kidney failure.

    Most drugs will continue to be effective for variable periods of time past their date of expiration. Some charity hospitals overseas receive donations of outdated drugs and this is a major source of the supply of drugs that they use.
  • Expired Rx drugs
    It bothers me that the pharmacies I use don't put real expiry dates on my prescriptions. They just put an expiration of one year from filling
  • Out of Date Products
    Unfortunately, a huge majority of out
    of date merchandise is due to laziness
    of employees. They are instructed to
    rotate the stock placing newest stock
    in the rear and oldest in the front.
    This can be time consuming and requires
    additional work so they often just place
    new stock in front and hope no one
    catches them.
  • expired OTC
    Watch real close at Target too for your OTC meds. I find some almost every time I shop there. One time I found so many I stopped and asked for a manager. I pointed out how many I found and I had stopped looking. He apologized and said he would take care of it. The next week there was still a lot that was never pulled. We just all have to check expiration dates on everything just like I hope we all are checking restaurant ratings Before we eat at a place. :-)
  • Expired products
    Walgreens in Powder Springs, GA and Austell, GA had expired Diet Coke products on their shelves (This was mid June and the expiration date was May 28, 2008. They removed the products when advised. I've had similar problems at CVS and Rite Aid on diet sodas (when they are expired, their taste is comprised.
  • expired prescription drugs
    I am a retail pharmacist, and I can assure you that we closely moniter expiration dates on the prescription drugs in our pharmacy and remove and salvage expired drugs on a monthly basis. This is a mandatory and important process that we as pharmacists take very seriously.
  • expired drugs.
    Clark shouldn't get upset by the expiration date on otc drugs. Several years ago the US Army did a study on the effectives of expired drugs and found that some that expired 15 years ago were just as effective as current ones
  • expired drugs
    My aspirin from 1999 took my headache away. My retin-A ointment expired 2 years ago, works very well.May not be 100% effective, but 75 to 85% effectiveness is fine for me.
  • Expired hearing aid batteries
    I came close to buying a package of hearing aid batteries with a long-since expired date from CVS. I brought this to the attention of the check-out clerk, who actually exhibited concern and promised that it would be brought to the attention of management.
  • expired prescriptions medications
    Wondering how to to if the prescription meds we are given-they type their own labels for the bottles and who's to know if the date is correct or not. Also wondering if the new $10.00 month meds are safe and not out of date as well.
  • Marketing Expiration Dates
    Clark said, "It's difficult to tell if the date is a 'marketing expiration date' or the real deal. Some drug makers put an early date on their products to get you to throw them out and buy more."

    This is a very good point and Harvard has some information about this: http://www.health.harvard.edu/fhg/updates/update1103a.shtml
  • expired apricots
    I just found that when I purchased 4 containers of dried apricots, 1 was expired from last year. I still have the reciept so Walgreens will be replacing this for me.
  • Expired Products
    Clark: You think this is a story? It only shows that you don't shop at discount chains. Just walk past the frozen foods section and count how many expired items you see. I bet you'll find at least a dozen expired milk cartons alone!
  • Expired Products
    On prescription drugs, I've noticed a black line marked through some expiration dates so they aren't legible. That's cause for concern! Also, watch sunscreen expirations. Many products have no marked expiration date and I simply don't purchase them.
  • Expired Drugs Sold by chainstores
    A number of years ago, I had a prescription for a cortisone ointment filled at a "Drug Emporium" drugstore. When I got home, I noticed the sell by date embossed on the end flap of the package and it was one year past the sell-by date. I ended up calling the Food and Drug Administration and was told that manufacturers are required to put the sell-by date on the flap but since my prescription was for only an ointment, it was fine to use. They took no action on my complaint!

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