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 last 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 statement.
Seven items were allegedly found in West Orange Kmart. The following list of items were found statewide.
- American Fare Sinus Congestions and Pain (325 mg and 28 ct)
- Digestive Advantage Gas Prevention
- Americane Fare Antacid/Antigas
- Mucinex Cough
- American Fare Pain Relief
- Non-Drowsy Sudafed PE Nasal Decongestant (72 ct)
- American Fare Sore Throat Spray
- American Fare Tussin CF
- American Fare Ibuprofen
- American Fare Acetaminophen
- Tylenol Extra Strength (500 mg, 8 ct)
- Tylenol Simply Sleep
During inspections, officials found 257 packages of infant formula, as well as non-prescription medications, that were between nine months and 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.
The settlement requires at least 20 of Kmart’s New Jersey stores to be inspected each quarter.
The compliance liaisons will then submit quarterly reports to the Division of Consumer Affairs, and meet with state inspectors for an 18-month-long 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.