Stores selling expired medicine
Survey shows 3 local retailers on list
Oct. 14, 2003

From staff and wire reports

ALBANY -- A survey of retail stores by the state attorney general's office found nearly a third were selling expired over-the-counter medications in violation of state law.

The late summer check of more than 100 stores statewide found 33 retailers selling at least one expired form of medication, said Paul Larrabee, a spokesman for Attorney General Eliot Spitzer. Among those 33 retailers are three stores in Utica: Price Chopper and Rite Aid on Genesee Street and JCS Market on James Street.

Larrabee said some of the items had been expired for more than a year.

"Drugs may lose their potency and effectiveness over time," Spitzer said in a prepared statement. "It is important for retailers to check their stock periodically and remove outdated products. In addition, consumers should check expiration dates."

The attorney general said that while most expired medications were found on the shelves of convenience stores and discount drug stores, major supermarkets and pharmacies such as P&C Supermarkets, Price Chopper, Tops, Rite Aid, and CVS also were discovered to be in violation of the law.

Twenty-nine of the 33 stores have settled their cases with the state, agreeing to pay a $500 fine for each brand of expired medication found to be more than a month out of date.

Stores that had not settled are Johnny's Super Service of Ellenville; Price Chopper at 1917 Genesee St. in Utica; 7-11 Food Store at 1660 Elmwood Ave.; and Vix Deep Discount and Pharmacy at 401 Transit Road in Williamsville, according to the attorney general's office.

Mona Golub, manager of public relations and consumer services for Price Chopper, said the chain was cited for having three medicinal products that were outdated.

"That's three units out of 10,000 that were slightly expired due to human process," she said. "That's the same process that sometimes results in a store having a dairy department with 2,000 items and one container of yogurt that's expired."

Golub said Price Chopper has not yet settled because it believes the attorney general's approach to the case was "onerous."

Also, Golub said the attorney general's settlement requires stores agree to have their cashiers validate all expiration dates during checkout, which is too lengthy a process, she said. She added that the state statute in question says stores cannot "knowingly" sell expired merchandise. Price Chopper does not knowingly carry expired items, Golub said.

Spitzer said stores refusing to take steps to improve compliance may face court action.