AB 1512 Fact Sheet: Ban the Sale of Expired Baby Food and Over the Counter Medicine The Problem: Baby Food and Over the Counter Medicine Often Sold Past Expiration Dates
In a March of 2008 an undercover shopping operation by the Attorney General's office found 48 expired products on the shelves of 26 CVS Pharmacies in Los Angeles, Orange, and San Diego counties. Some of these products, which included baby formula, toddler food, and over-the-counter medications, were between four and six months old. In some cases, additional labeling was added to obscure the “use by” or expiration date on the packaging. Similarly, in New York Attorney General Andrew Cuomo launched a probe into the sale of expired over-the counter drugs and other products and found more than 122 Rite Aid stores and 148 CVS stores in 41 counties were selling expired drugs, baby formula, milk and eggs. Recently, Rite Aid settled and agreed to pay up to $1.3 million.
California Fails to Hold Retailers Accountable for Selling Expired Products
California does not prohibit the sale of expired products, but federal law requires expiration dates on a variety of products. Expiration dates are important in keeping consumers safe and should be regulated at the state level. Stocking expired items not only violates the state’s false advertising and unfair business practices laws, but it endangers the well-being of California consumers. At various retail pharmacies throughout California products such as over the counter medicines, baby food and baby formula are being sold beyond their expiration dates. These products are required by Federal Law to have “sell by” or “use by” dates, ostensibly for the purpose of ensuring the medicinal or nutritional effectiveness of such products. Current law contains various provisions regarding the contents, packaging, labeling, and advertising of food, drugs, and cosmetics. However, there is no law forbidding the sale of food and drugs after their expiration dates.
“Use By” Dates Not Sufficient to Ensure Product Quality and Safety
The “use by” date serves an important health and safety function for baby food and infant formula. The date informs retailers and consumers that the infant formula or baby food, until that declared date, will contain the quantity of each nutrient as specified on the label and that the formula or food is otherwise of an acceptable quality. The manufacturer has determined that after the infant formula or baby food has passed its "use by" date, it may no longer provide the nutrient levels that are printed on its label, and babies that consume these products may not receive sufficient nutrients for proper health and development. “Use by” dates on infant formula also guarantee that until that date the product’s ingredients will not separate and clog the nipple of a baby bottle.
Expiration Dates Not Sufficient to Ensure Product Quality and Safety
Expiration dates on over the counter medicines are established to assure consumers that the medication will maintain its stability, strength and purity until that date. Consumers rely on expiration dates when purchasing over the counter medications for assurance that such medications will serve their intended purposes. Despite federal law requiring these dates, there is no prohibition against a retailer selling these products after the manufacturer’s guaranteed date of quality and effectiveness has expired.
The Solution: AB 1512 Bans the Sale of Expired Baby Food and Over the Counter Medicines
1512 would prohibit a retailer from selling infant formula or baby food after the printed “use by” date that is required under federal law. This bill also prohibits retailers from selling over the counter drugs after the printed expiration date that is required under federal law. California’s consumers should be entitled to purchase medications that are safe and effective and our parents and children deserve assurances that their baby food is nutritional and healthy. Supporters of AB 1512: Consumer Federation of California (sponsor); Consumer Attorneys of California; CALPIRG; California Nurses Association; California Labor Federation; International Longshore and Warehouse Union; American Academy of Pediatrics; Children Now; California Conference of Machinists; International Formula Council; California Alliance for Retired Americans; First 5 Association of Los Angeles; First 5 Association of Santa Clara County; Amalgamated Transit Union; MOMS – Make Our Milk Safe; United Food and Commercial Workers Union; Western State Council; UNITE HERE!; Engineers and Scientists of California; Teamsters; American Federation of State, County and Municipal Employees (AFSCME); California WIC Association; Center for Science on the Public Interest; Older Women’s League