Retailers cited for alleged violations
nj.com
Inspections discover expired products
Friday, September 05, 2008
BY GREG SAITZ
Star-Ledger Staff
If you walked into the Wal-Mart in Kearny last month, you could have bought a jug of Similac Lactose Free infant formula that expired in April 2007. At another store, some containers of Zicam Cold Remedy should have been pulled from the shelves six months ago.
And if you bought Centrum vitamins at Drug Fair, Penzoil motor oil at Target or Elmer's glue at Wal-Mart, you may have been charged more than the listed price at the shelf.
These violations were among thousands state officials said yesterday were discovered during surprise inspections last month at dozens of Wal-Marts, Drug Fairs and Targets throughout New Jersey.
"The news we have today for consumers, unfortunately, is not good," state Attorney General Anne Milgram said at a press conference in Newark announcing civil lawsuits against the three chains.
During a two-week period beginning Aug. 11, investigators with the state Division of Consumer Affairs visited 48 Drug Fairs, 15 Wal-Marts and 22 Targets in 18 counties, Milgram said. They found violations at every single store -- 2,568 in all -- with more than 1,200 alleged infractions at the Wal-Marts.
At a Target in Evesham, officials found 112 products whose expiration dates had passed. At a Drug Fair in Chatham, they found 97 expired items, she said.
Along with expired baby formula and cold medicine, inspectors discovered higher prices being charged at checkout compared with the shelf price on back-to-school supplies and other items. Investigators also found instances of stores not having enough sale items in stock.
"This costs consumers extra money. This is fraud, plain and simple," state consumer affairs director David Szuchman said. "This is an easy area for stores to scam consumers."
All three retailers had previously settled similar cases with the state, officials said. The latest lawsuits, alleging violations of the Consumer Fraud Act and state advertising regulations, were filed in Union and Hudson counties.
"What troubles us greatly is these are all repeat violators in the state of New Jersey," Milgram said. "There's no question they know the laws of the state and they've promised to uphold the law."
Wal-Mart spokeswoman Daphne Moore said the chain, with 48 stores in the state, was "prepared to work with state regulators to address their concerns." She declined to answer specific questions about the latest allegations, but said if consumers bought expired products or were overcharged, they could return them for a full refund.
Tim LaBeau, chief executive of Drug Fair Group, said in a statement the company is cooperating with the attorney general's office.
"To the extent there are products that are in need of recall, they will be addressed immediately and in such a manner as to ensure the safety of our loyal customers," he said.
Target said it was committed to pricing merchandise accurately and removing expired products from its shelves. "We take all claims such as these seriously and we will review the processes and procedures we have in place to ensure accurate pricing and stocking of our merchandise," spokesman Steve Linders said in a statement.
At the Drug Fair in Hillside yesterday -- where state officials said they found expired products, higher prices at checkout than the shelf price and sale items that were not available in sufficient supply -- Diane Sullivan was shopping for medicine for her son.
While the Hillside resident had not noticed problems with items from Drug Fair, she said she's caught other retailers trying to charge a higher price for products than their sticker price.
"I get pissed off," she said. "I think some stores see what they can get away with."
Linda Sherry, a spokeswoman for the nonprofit consumer rights group Consumer Action, said she doubted retailers are purposely mispricing items.
"It's happened to almost every single person," Sherry said. "The consumers themselves have to check everything out. Especially when we're in an economy like this. Every penny counts for every household."
Greg Saitz may be reached at gsaitz@starledger.com or (973) 392-7946.
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