NEWARK
– Attorney General Stuart Rabner and
the Division of Consumer Affairs have filed
suit against Duane Reade International,
Inc., alleging that the company violated
state laws by selling expired and mispriced
products to the public, including non-prescription
drugs, infant formula, baby food, and other
health and beauty products.
The
alleged actions committed by Duane Reade
violate terms of a settlement between the
state and Duane Reade reached this August.
Under the settlement, Duane Reade paid $50,000
and agreed to comply with the state’s
Consumer Fraud Act (CFA) and other applicable
laws. The settlement concluded an investigation
into alleged sales of expired and mispriced
products.
“Duane
Reade has failed to live up to the terms
of its settlement agreement with the state
and has again violated the public trust,”
Attorney General Rabner said. “We
are seeking maximum penalties against Duane
Reade and actions – not just words
– that demonstrate the company’s
commitment to reforming its business practices
to comply with state laws.”
The
state’s six-count complaint, filed
in State Superior Court in Bergen County,
follows inspections of Duane Reade stores
in October. The company allegedly:
- Violated
the CFA by selling expired merchandise;
-
Committed unconscionable commercial practices
by selling expired merchandise;
-
Committed unconscionable commercial practices
by selling merchandise at a price in excess
of the posted price;
-
Violated the Weights and Measures Act
by improper price scanning;
-
Violated the CFA by failing to post a
refund policy; and
-
Violated the August 2006 settlement.
“The
ink is barely dry on their agreement to
stop selling expired infant formula, baby
food and non-prescription drugs to consumers,”
said Acting Consumer Affairs Director Stephen
B. Nolan. “It is an outrage that Duane
Reade promised in August to stop the practice
and only a month later was at it again.”
The stores inspected by Consumer Affairs
personnel and found to have violations are
located in Bayonne, Edgewater, Fort Lee,
Hackensack, Jersey City, Maywood, Newark,
South Jersey City, Union City and West New
York.
Deputy Attorney General Jeffrey Koziar is
representing the state in this matter.
In October, the state filed suit against
the Rite Aid drugstore chain for allegedly
selling expired and mispriced products to
consumers. That matter remains pending.
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