California

Grocery chain must stop selling expired drugs in California as part of $3.5M settlement

** FILE ** Albertsons and Safeway grocery stores stand on opposite sides of a street in Federal Way, Wash., April 23, 2003. The farmed salmon industry faces legal action in California for failing to warn consumers that the fish contain what environmental groups say are potentially dangerous levels of cancer-causing chemicals. The Environmental Working Group and the Center for Environmental Health filed notice last week of their intent to sue 50 salmon farms, fish processors and grocery chains, including Safeway Inc., Kroger Co., Albertsons Inc. and Costco Wholesale Corp., under a California anti-toxics law. (AP Photo/John Froschauer, File)
** FILE ** Albertsons and Safeway grocery stores stand on opposite sides of a street in Federal Way, Wash., April 23, 2003. The farmed salmon industry faces legal action in California for failing to warn consumers that the fish contain what environmental groups say are potentially dangerous levels of cancer-causing chemicals. The Environmental Working Group and the Center for Environmental Health filed notice last week of their intent to sue 50 salmon farms, fish processors and grocery chains, including Safeway Inc., Kroger Co., Albertsons Inc. and Costco Wholesale Corp., under a California anti-toxics law. (AP Photo/John Froschauer, File) AP

Albertsons, including its affiliated stores Safeway, Vons and Pavilions in California, was ordered by a San Joaquin County judge to stop offering expired drug products for sale at stores across the state.

While selling expired food products is not illegal in California, retailers in the state are prohibited from selling any over-the-counter drug past its expiration date, according to the Yolo County District Attorney’s Office.

Civil complaint filed against Albertsons

Albertsons owns and operates 579 stores across California, including 243 Safeways in northern and central parts of the state and 124 Albertsons, 184 Vons and 28 Pavilions in the south.

A civil complaint was filed in San Joaquin County Superior Court alleging the company offered expired over-the-counter drug products for sale over the past four years, the district attorney’s office said in a news release. The stores carry products including pain relievers, sunscreen and cold medicine.

“The public should be able to trust that what they buy at any California store will not be expired before they bring it home,” Yolo District Attorney Jeff W. Reisig said in a statement.

Albertsons removes expired products from shelves

The Yolo County District Attorney’s Office, working closely with the San Joaquin and San Bernardino district attorney’s offices, settled the lawsuit against Albertsons and their affiliated stores, according to the release.

After an investigation, the attorney’s office said Albertsons was notified of the violations and “was cooperative.” It was not determined that consumers were harmed by any expired over-the-counter drugs that might’ve been sold.

The company checked all of its locations for expired drug products and made date verification a priority, including re-training employees, the release said.

Without admitting or denying liability, Albertsons agreed to not sell any more expired drugs or have them on their shelves, bound by a court order. According to the attorney’s office, the company was ordered to pay $3.3 million in civil penalties and investigative costs, and $200,000 in restitution.

Dominique Williams
The Modesto Bee
Dominique Williams writes about new business, restaurant and retail developments for The Modesto Bee. She is a Ripon native and a graduate of Sacramento State.
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