Expired Baby Formula Sold at Wayne Kmart, Report Says

The Kmart near the Wayne Hills Mall was one of 19 stores across the state found carrying expired items, the state Attorney General's Office revealed last week.

The store was carrying two expired items, according to a consent order released by the state.

Of the 257 expired non-prescription drugs and/or infant formulas Kmart was selling statewide many were several months, or in some cases, a year, past their expiration date.

(The complete list of stores and the number of expired items they were found to be carrying is contained in the PDF attached to this story. The list is on page 3.)

Kmart will pay more than $302,000, 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, and other non-prescription medications, that were between nine and 29 months past their 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. 

Compliance liaisons will 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.

— Have a question or news tip? Contact editor Daniel Hubbard at Daniel.Hubbard@patch.com or find us on Facebook and Twitter. For news straight to your inbox, sign up for our daily newsletter.