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CVS sued for selling expired products in Conn.

CVS Caremark Corp., the operator of more than 7,000 U.S. drugstores, was sued by Connecticut for selling expired products less than a month after the company settled a similar suit with New York.

Locally, CVS has operations in Northbrook.

Connecticut Attorney General Richard Blumenthal said in a statement that an investigation found 20 or more stores in the state selling items past their expiration dates, including baby formula, energy drinks, cough and allergy medicines, and dairy products such as milk, eggs and yogurt.

New York State Attorney General Andrew Cuomo said in a statement on Nov. 10 that he had reached an $875,000 settlement of a lawsuit against CVS over the sale of expired products. Last December, Cuomo announced the settlement of similar claims against competitor Rite Aid Corp. for as much as $1.3 million.

CVS settled with California over expired products in June and agreed to give a $2 coupon to customers who find expired products on shelves of the company's stores, according to California Attorney General Jerry Brown.

CVS and Walgreen Co. are the two largest U.S. drugstore chains. Camp Hill, Pennsylvania-based Rite Aid, which operates more than 4,900 stores in 31 states and the District of Columbia, ranks third.

'Definitely Worsening'

"Shockingly, our 2009 investigation showed nearly one of every two CVS stores surveyed selling out-of-date food and over- the-counter medicine," Blumenthal said in the statement. "The out-of-date rate -- double last year -- seems definitely worsening."

Blumenthal said a survey in the summer of 2008 showed about 10 of about 40 stores visited selling expired products. Last summer, 20 or more of 45 stores visited had out-of-date products, he said.

The suit seeks penalties for violations of the state consumer product laws and an order barring CVS from selling expired products, Blumenthal said.

Blumenthal called the sale of expired baby formula "especially appalling," as it loses nutrients over time.

Joanne Dwyer, a spokeswoman for Woonsocket, Rhode Island- based CVS, said in a statement that "the health and safety of our customers is our top priority and CVS/pharmacy has a clear product removal policy in place at all of its stores to help ensure that items are removed from store shelves before they reach their expiration dates. Any unintentional deviations from this policy that are brought to the company's attention are quickly rectified for customers."

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