UPDATE: State, Kmart Reach Settlement Over Expired Items

Nineteen New Jersey Kmart stores carried expired baby formula and non-prescription medication, according to the Attorney General's Office.

Kmart will pay $302,500, donate $25,000 worth of infant formula to charity, pay for continued unannounced state inspections, and implement new product inspection measures as part of a settlement with the state Division of Consumer Affairs, officials announced Friday.

The big box store had been found to have sold or offered for sale expired infant formula and non-prescription medications, the state agency said in a prepared statement.

During inspections, inspectors found 257 packages of infant formula, as well as non-prescription medications, that were between nine months to 29 months past the expiration date,  but still available for purchase on the shelves at 19 stores in 13 counties.

In addition to the fine and donation, Kmart will appoint two senior level management employees for 18 months to serve as compliance liaisons with the state. They will conduct unannounced inspections of Kmart’s New Jersey stores to identify expiring and expired products, and review the stores’ compliance with Kmart’s policies regarding the expiration dates of infant formula and non-prescription medication, the statement said. 

At least 20 of Kmart’s New Jersey stores will be inspected each quarter, the settlement requires.

The compliance liaisons will then submit quarterly reports to the Division of Consumer Affairs, and meet with state inspectors for an 18 monthlong period. Each Kmart store will now have to have two "date code inspectors" on hand who will inspect dated items and keep a rotational calendar updated and on hand.

Kmart will also provide funding for random, unannounced inspections of its New Jersey stores by the Division of Consumer Affairs, continuing for one year, according to the settlement.

The expired items were found in stores located in Atlantic, Bergen, Burlington, Camden, Cape May, Essex, Gloucester, Mercer, Monmouth, Morris, Ocean, Passaic and Somerset counties.

Poindexter McSmash January 12, 2013 at 02:01 PM
Did China buy K-Mart?
Craig January 13, 2013 at 02:18 AM
Listen I worked in the Brick Kmart recently there are more things other then baby formula and medications that are constantly expired.. The one practice that really disturbed me was there loss prevention ethics. They would automatically follow black people or people who were dressed sloppy because they felt that they were all thieves. I would also see customers come in and look for the hot new toys that came in for there kids only to be told that they haven't came in yet, when really they would hide everything in a secret spot for the employees to purchase. I don't know how Kmart purchased Sears but I can't see Kmart being here for long.
KC January 13, 2013 at 06:42 AM
A lot of stores do this! The old Cost Cutters had loads of expired stuff. I even caught Costco once with allergy medication OTC expired. It may have been a one time only oversight, but it was brought to their attention and the palatte was still there two weeks later. My pet peeve is that there should be a standard location for experiation dates. It takes consumers too long to find these dates the way the manufacturers or producers appear to hide them. Especially true of food items. Also, bread- the date is on a plastic crimper that can be readily switched up. Anyone who doesn't read the dates is taking a chance. I see out of date or close to expiration items fairly regularly. Caveat Emptor!
read bull January 14, 2013 at 08:33 PM
I go to Kmart in Wall. Brick and Toms River stores are either empty or a mess. The Wall store has good associates on the floor. If it's not their dept., they'll take care of you anyway.
Audrey January 15, 2013 at 01:51 AM
The way K-Mart treats their customers is the same way they treat their employees. So the employees feel worthless so why bother to treat the customer any better than they are treated.


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