New York Attorney General Andrew Cuomo (D) on Friday filed a lawsuit against CVS Caremark over allegations that the company since 2006 has sold expired products at 60% of stores statewide, Bloomberg/Providence Journal reports. In a statement, Cuomo said that CVS has violated the state Executive Law and General Business Law and other local and federal laws through the sale of expired products. The lawsuit seeks to require CVS to hire an independent monitor for monthly reviews, display signs to inform customers about refunds for expired products and any related health risks, and pay a fine of $500 for each violation of the state law.

According to the lawsuit, the "widespread nature of these violations indicates that CVS has not taken seriously its legal obligations or its responsibilities to its consumers vis-à-vis the sale of expired products." Cuomo in the statement said, "In today's difficult economic times, consumers should not be spending their hard-earned money on expired products that may be harmful to themselves or their children."

Michael DeAngelis, a spokesperson for CVS, said the company has worked with Cuomo on the issue and expressed disappointment about his decision to file the lawsuit. In a statement, DeAngelis said, "We have a specific product-removal policy," adding, "Over the last several months we retrained our employees to ensure compliance" (Freifeld, Bloomberg/Providence Journal, 12/5).

Reprinted with kind permission from kaisernetwork. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at kaisernetwork/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork, a free service of The Henry J. Kaiser Family Foundation.

© 2008 Advisory Board Company and Kaiser Family Foundation. All rights reserved.

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