ALBANY — Four Rite Aid drug stores in the north country will face legal action for selling a variety of expired products. Between March and late May, three Rite Aid stores in Watertown and one in Malone sold a total of 37 expired products, primarily cough medicines and baby formulas.
In a June 12 letter to Rite Aid, state Deputy Attorney General for Economic Justice Michael Berlin informed the company that it had violated "a host" of federal and state statutes.
"Over the past three months, the Attorney General's office has conducted a statewide investigation of pharmacies, including Rite Aid stores," Mr. Berlin said in the letter. "Investigators were directed to examine whether over-the-counter drugs, infant formula, eggs and milk were being sold past their expiration dates. The investigation revealed that Rite Aid has, through its sale of expired products, persistently violated both state and federal laws."
"The widespread nature of these violations indicates that Rite Aid maintains an implicit company policy to maximize profits through the selling of expired goods to the public," Mr. Berlin said.
Mr. Berlin's letter gave Rite Aid five business days after receipt to show why a civil lawsuit "should not be instituted" against the company.
A Rite Aid spokeswoman said the company has no such intent.
"We take these allegations very seriously," said Cheryl Slavinsky, director of public relations. "Our policy has always been not to have expired products on our shelves."
She said that the stores cited have been directed to pull expired products from their shelves, and that all the company's stores nationwide will retrain their employees "on policies and procedures regarding these matters."
In a press release announcing the investigation, the Attorney General's Office said its investigators purchased more than 600 expired products from 142 CVS stores and 112 Rite Aid stores in 41 New York counties since March. Among these products were milk, eggs, various medicines and baby formula, including several that were more than a year old.
No CVS stores in the north country were named in the investigation.
The Watertown Rite Aid stores and the expired products purchased from them are:
■ 1222 Arsenal St.; Delsym Cough Medicine (six and eight months past expiration), Children's Triaminic Syrup (one month, 12 days past expiration) and Children's Robitussin Syrup (21/2 months past expiration).
■ 315 Arsenal St.; Baby formula (almost four months past expiration).
■ 842 State St.; Enfamil Formula Powder (12 days past expiration) and baby formula (28 days past expiration).
The Malone Rite Aid located at 289 W. Main St. in Malone was cited for selling a number of expired items, including:
■ Comtrex Cold Meds (six months past expiration).
■ Similac (two months past expiration).
■ Enfamil (four days past expiration).
■ Children's Tylenol (four days past expiration).
■ Nestles Baby Formula (two months past expiration)
■ Claritin tablets (41/2 months past expiration)
■ One dozen Byrne Dairy Eggs (12 days past expiration)
Rite Aid Corporation operates more than 5,000 stores in 31 states and the District of Columbia, including 697 stores in New York state, and employs nearly 113,000 associates. The company, according to its Web site, is the largest drugstore chain on the east coast and the third largest in the U.S. The company's stock is publicly traded on the New York Stock Exchange under the ticker RAD. The company's stock finished Thursday trading at 2.05, up .01 from Wednesday's closing price, but down .02 from Thursday's opening price.