21 local drugstores accused by state of selling expired products
Cuomo probe cites Rite Aid, CVS stores
Two national drugstore chains sold expired food, medicine and baby formula in more than 250 stores across the state, the state attorney general’s office said Thursday.
Eight Rite Aid and 13 CVS stores in Western New York were among those accused of selling expired products to undercover agents, according to a statement from Attorney General Andrew M. Cuomo.
Cuomo’s office filed a letter of notice that it intends to take civil action against the companies unless they resolve the issue.
“With the cost of living so high, we have to ensure New Yorkers are getting the full bang for their buck,” Cuomo said in an interview. “Expired medicines are especially problematic, because not only are you not getting what you paid for, you’re not getting the treatment you need. We want the consumer to be aware.”
Cuomo’s office claims the CVS on Harlem Road in Amherst sold expired Children’s Triaminic cough medicine and the one on Center Street in Lewiston sold out-of-date infant ibuprofen.
A Rite Aid on Transit Road in Amherst is accused of selling expired Tylenol Child Allergy Cold Plus.
Cuomo also noted that the nutritional content in baby formula degrades rapidly as it expires.
Cuomo said his office’s ongoing investigation of major retail stores found the two chains to be among the worst offenders, with 60 percent of CVS stores and 43 percent of Rite Aid stores visited cited.
“I think some of it is bad store management, and I think some of the stores knew they were selling expired products and didn’t want to incur the loss,” Cuomo said. “In either case, it’s irrelevant because it’s a violation of the law.”
Some of the expired products that investigators bought from the two chains’ stores across the state should have been pulled from shelves more than a year ago.
The investigation netted violations at 142 CVS and 112 Rite Aid pharmacies statewide.
Local consumers had mixed reactions to the allegations.
“I don’t think [CVS] should get a big fine for it. It’s a simple mistake,” Fred Yates said as he lifted a gallon of milk he bought at the Hertel Avenue CVS to check the expiration date. “I don’t usually check [the date], but now I am.”
Barbara Melligan said she was not surprised her neighborhood South Park Avenue store was among the listed violators.
“They should be shut down. They don’t care because we’re a bad neighborhood,” she said.
By selling adulterated or expired food, dairy, infant formula and medication, the chains broke several local, state and federal laws, Cuomo said.
Mike DeAngelis, CVS spokesman, said the company was unaware of the allegations until Thursday afternoon but pledged to cooperate with the attorney general’s office.
“We value the trust our customers have placed in us to sell them products that are safe and effective. The findings . . . are unacceptable to us,” DeAngelis said. “We will work aggressively to ensure that our review and removal procedures are followed consistently in all of our stores.”
Ashley Flower, Rite Aid spokeswoman, said that as soon as the company was made aware of the attorney general’s findings, Rite Aid sent word to each of its stores to sweep for expired products it might have previously overlooked and dispose of them.
“We take the allegations from the New York attorney general’s office very seriously. Our policies have always been not to have outdated products on our shelves,” she said, adding that the company’s entire staff is being retrained about such policies.
The manager of one local CVS store in Buffalo, which the attorney general’s office said sold five units of expired milk, was unaware of the charges and expressed disbelief the sales happened at his store.
He said the store’s dairy products are serviced by an outside vendor, who arrives twice a week to remove expired goods.
“It looks like he must have missed one — or five,” said Nick Locicero, manager of the CVS store on Dingens Street. “It’s unfortunate. You’d think someone in charge of that would take care of you when you’ve got a million and one other things to do. But, apparently not.”
The following CVS stores were listed in the attorney general’s report for selling out-of-date products:
• 415 North St., Olean; milk.
• 117 E. Main St., Westfield; half and half.
• 175 E. Fourth St., Dunkirk; baby formula.
• 10 S. Work St., Falconer; Similac with iron.
• 19 S. Main St., Jamestown; Similac with iron.
• 4968 Harlem Road, Amherst; Children’s Triaminic Flu and Cough.
• 3734 South Park Ave., Blasdell; milk.
• 360 Dingens St., Buffalo; milk.
• 1678 Hertel Ave., Buffalo; infant formula.
• 7182 Boston State Road, Hamburg; Similac Neo-Sure Advance.
• 1717 Sheridan Drive, Town of Tonawanda; Byrne’s Chocolate Milk.
• 795 Center St., Lewiston; infant ibuprofen.
• 259 W. Main St., Batavia; infant formula.
The following Rite Aid stores were included in the attorney general’s report:
• 8530 Transit Road, Amherst; Tylenol Child Allergy Cold Plus.
• 2175 South Park Ave., Buffalo; Similac.
• 2565 Union Road, Cheektowaga; milk.
• 798 Harlem Road, West Seneca; milk.
• 1454 Union Road, West Seneca; Similac.
• 3987 Lockport Olcott Road, Lockport; milk.
• 7804-12 Buffalo Ave., Niagara Falls; milk.
• 419 Division St., North Tonawanda; milk.
News Business Reporter Melissa Repko contributed to this report.
