Pennsylvania Attorney General’s Office, CVS reach settlement

Pennsylvania Attorney General Kathleen Kane’s office and CVS reached a $450,000 settlement over allegations that the company violated a 2010 agreement, but a company spokesman said the company did not admit to any misconduct.

“The company has not admitted any liability or wrongdoing, and has entered into this agreement to avoid unnecessary expense, inconvenience or uncertainty of further investigation or legal proceedings,” CVS spokesman Michael DeAngelis said.

The settlement is the result of an investigation by the OAG’s Health Care Section, which worked on behalf of consumers on a 2010 agreement that called for the company to address concerns related to the sale of expired over-the-counter drugs, infant formula and dairy products.

“CVS/pharmacy makes every effort to ensure that expired products are not sold to customers and we have a clear product removal policy and procedures in place at all of our stores to help ensure that items are removed from store shelves before they reach their expiration dates,” DeAngelis said. “Any unintentional deviations from this policy that are brought to the company’s attention are quickly rectified for customers.”

OAG agents conducted a compliance check in the greater Harrisburg area to determine whether CVS violated the agreement, according to OAG spokeswoman Cathryn Hinesley.

Agents allegedly reported finding expired products, including infant formula and drugs made for children, at five of the six CVS stores they visited. CVS employees in two cases also allegedly bypassed a register prompt that was designed to prohibit the sale of expired products.

The settlement requires CVS to provide customers with a $3.50 coupon if they find an expired product in a CVS store in Pennsylvania.

It also requires CVS stores in Pennsylvania to implement several policies, including the review of its expired products policy to ensure they are not sold or offered for sale, and the annual training of store employees involved in stocking baby food, dairy products, infant formula and over-the-counter drugs regarding its expired products policy.

CVS, per the agreement, will also implement a program of internal compliance checks to remove expired products from store shelves and “prominently” post notices for customers to check “sell by” and “expiration” dates in aisles where baby food, dairy products, infant formula and over-the-counter drugs are offered.

This story was originally published January 25, 2016 at 6:34 PM with the headline "Pennsylvania Attorney General’s Office, CVS reach settlement."