The Mercury News Weekend

Walgreens to pay $2M to settle expired baby food suit

Drugstore chain also accused of inaccurate pricing, selling expired OTC medication­s

- By Jason Green jason.green@bayareanew­sgroup.com Contact Jason Green at 408-920- 5006.

Walgreens Co. will pay $2.25 million to resolve a consumer protection lawsuit brought by Bay Area prosecutor­s alleging that the company sold expired baby food, infant formula and over-the- counter drugs.

The suit also alleged that Walgreens violated state law by charging more than the lowest posted or advertised price for items.

The $2.25 million judgment was approved by the Santa Clara County Superior Court on Monday.

“Companies have a responsibi­lity to ensure they aren’t selling expired items,” said Santa Clara County Deputy District Attorney Tiyen Lin. “Even so, please check the expiration date before making a purchase.”

The judgment also includes an injunction that requires Walgreens employees to make quarterly patrols to remove expired items and to post “clear and conspicuou­s” signs asking customers to check expiration dates.

The company must also ensure that customers are charged correct prices by adjusting charges at point of sale to reflect the lowest advertised, posted or quoted price on the sales floor for in-store purchases.

The violations came to light through inspection­s by local weights and measures offices, county environmen­tal health services divisions and district attorney investigat­ion units.

Walgreens did not admit wrongdoing in agreeing to resolve the suit.

“We continuall­y strive to meet and exceed our customers’ expectatio­ns and act in their best interests,” a company spokesman said.

“We remain committed to pricing accuracy and product quality, and will continuewo­rkingwith local authoritie­s in California,” he continued. “To ensure the best possible customer service, we will continue our policy of honoring the lowest displayed price, even if the sale has expired.”

This isn’t the first time Bay Area prosecutor­s have sued Walgreens for alleged violations. In 2012, the company was ordered to pay $16.57 million to resolve claims it illegally disposed of waste and improperly handled confidenti­al medical informatio­n.

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