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Route 9 Kmart Not Among Stores Cited for Selling Expired Baby Formula, Meds

Fines, increased inspections required for big box retailer.

The Route 9 Kmart store in Howell is not among the more than a dozen stores in the chain caught selling expired over-the-counter drugs and baby formula, according to court documents.

In all, 257 separate items were offered for sale or were sold well beyond their expiration dates at 19 of the discount retailer's 36 New Jersey locations. Some items were several months to more than two years beyond their expiration dates, according to a lawsuit brought by the state Attorney General's Office.

Outlets in Wall Township and Hazlet were the only stores affected in Monmouth County. In Wall, eight expired items were sold or offered. The Hazlet location sold one expired item.

In Ocean County, stores in Brick and Toms River also made the list, selling 8 and 7 items, respectively.

As part of a settlement, Michigan-based 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, according to the suit.

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

Kmart for 18 months will also appoint two senior level management employees 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 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.

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