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Division of Consumer Affairs
Press Release

Attorney General
Anne Milgram
Division of Consumer Affairs, Director
David Szuchman
   
For Immediate Release:
September 4, 2008
For Further Information Contact:
Jeff Lamm, 973-504-6327
 
State Files Suit Against Drug Fair, Target and Wal-Mart for Expired
Infant Formula and Over-the-Counter Medicines Multiple Violations
Found in Stores Statewide

NEWARK – Attorney General Anne Milgram today announced that her office and the Division of Consumer Affairs have filed suit against Drug Fair, Target and Wal-Mart for allegedly selling infant formula and non-prescription drugs beyond the expiration date marked on these items and also for selling back-to-school merchandise that did not match the posted prices.

All three companies face enhanced civil penalties because each violated terms of Consent Orders previously reached with the state for the alleged sale of expired infant formula and non-prescription drugs. Each company paid civil penalties and agreed not to offer those out-of-date products for sale, under terms of the Consent Orders.

“These companies violated their previous settlements with the state and violated the trust of consumers once again,” Attorney General Anne Milgram said. “I have no tolerance for repeat violators and neither should consumers.”

The three lawsuits against Drug Fair, Wal-Mart and Target are the latest in a series of actions taken by the Attorney General and Consumer Affairs against retailers who have allegedly overcharged consumers and sold out-of-date infant formula and non-prescription drugs.

Rite Aid this June agreed to pay $475,000 to settle similar allegations against it and Duane Reade agreed to pay $200,000 in November 2007.

Consumer Affairs investigators also found that products advertised in store flyers, including ‘back-to-school’ items such as binders, calculators and printers, were not in stock. Consumers Affairs investigators, including Office of Weights and Measures inspectors who have regulation of scanning devices, conducted unannounced store inspections in late August.

“Consumers are being squeezed in this era of $4 a gallon gasoline and $4 a gallon milk. Consumers who based their back-to-school shopping on advertisements and then found that the items either weren’t in stock, or scanned at a higher than listed price, were defrauded,” said David Szuchman, Consumer Affairs Director.

The state’s Complaints, filed in State Superior Court in Hudson and Union counties, allege that Drug Fair, Target and Wal-Mart each violated the state’s Consumer Fraud Act by offering for sale expired merchandise; engaging in unconscionable commercial practices; and making false promises and misrepresentations. Each company also allegedly violated the state’s Weights and Measures Act by inaccurate price scanning.

Target and Wal-Mart also allegedly violated the Consumer Fraud Act by failing to display selling prices. Target also committed a violation by failing to post its rain check policy.

Drug Fair, Target and Wal-Mart also allegedly violated the state’s Advertising Regulations by not having sufficient quantities of items in stock.

Target and Wal-Mart also allegedly violated the state’s Bicycle Safety Act by not having proper notice of New Jersey’s bike helmet law posted for consumers.

Under the enhanced violations being sought by the state, each violation of the prior Consent Orders carry a civil penalty of up to $20,000.

Deputy Attorneys General Jah-Juin Ho, Nicholas Kant and Jeffrey Koziar are representing the state in these cases.

Lists showing the violations found at each store are attached.

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DRUG FAIR

Stores where infant formula and/or non-prescription drugs allegedly were offered for sale past the listed expiration dates:

Store Number Store Location
49 345 Franklin Avenue Belleville, New Jersey
23 Hooper Ave. & Brick Blvd. Brick, New Jersey
40 650 Shunpike Road Chatham, New Jersey
43 449 Lakeview Avenue Clifton, New Jersey
50 1006 Route 46 Clifton, New Jersey
58 51 Route 17 South East Rutherford, New Jersey
31 20 West Hudson Avenue Englewood, New Jersey
46 14 James Street Florham Park, New Jersey
26 4345 Route 9 Freehold, New Jersey
13 Hazlet Plaza Route 35 Hazlet, New Jersey
45 1303 North Broad Street Hillside, New Jersey
56 4011 Route 9 North Howell, New Jersey
39 Rt. 202 & Comly Rd. Lincoln Park, New Jersey
4 738 Union Avenue Middlesex, New Jersey
53 2960 Route 10 West Morris Plains, New Jersey
22 521 Livingston Avenue Norwood, New Jersey
33 338 Ramapo Valley Road Oakland, New Jersey
2 Browntown Shopping Cntr Old Bridge, New Jersey
35 1470 Route 46 Parsippany, New Jersey
48 375 Rt. 35 & Main Street Port Monmouth, New Jersey
21 1046 St. George Avenue Rahway, New Jersey
14 25 North Spruce Street Ramsey, New Jersey
25 104 Orlando Drive Raritan, New Jersey
59 295 Route 46 Rockaway, New Jersey
52 521 Raritan Avenue Sayreville, New Jersey
42 1760 Easton Avenue Somerset, New Jersey
7 Adelphia Road & Route 9 South Freehold, New Jersey
3 1153 Valley Road Stirling, New Jersey
16 2933 Vauxhall Road Vauxhall, New Jersey
51 Wayne Drug Fair Wayne, New Jersey
28 175 Locust Avenue West Long Branch, New Jersey
19 519 Cedar Hill Avenue Wyckoff, New Jersey

DRUG FAIR

Stores where merchandise allegedly scanned at a price in excess of the price listed at the point of display:

Store Number Store Location
49 345 Franklin Avenue Belleville, New Jersey
17 400 Springfield Avenue Berkeley Heights, New Jersey
54 600 Myrtle Avenue Boonton, New Jersey
23 Hooper Ave. & Brick Blvd. Brick, New Jersey
55 481 Union Avenue Bridgewater, New Jersey
40 650 Shunpike Road Chatham, New Jersey
43 449 Lakeview Avenue Clifton, New Jersey
50 1006 Route 46 Clifton, New Jersey
32 6-20 South Avenue Cranford, New Jersey
58 51 Route 17 South East Rutherford, New Jersey
8 Wood Ave. & Oaktree Rd. Edison, New Jersey
12 Rt. 46 & Hollywood Ave Fairfield, New Jersey
46 14 James Street Florham Park, New Jersey
13 Hazlet Plaza Route 35 Hazlet, New Jersey
45 1303 North Broad Street Hillside, New Jersey
39 Rt. 202 & County Line Rd. Lincoln Park, New Jersey
20 201 East Main Street Little Falls, New Jersey
4 738 Union Avenue Middlesex, New Jersey
24 Twin Brook Ave. & Rt. 35 Middletown, New Jersey
53 2960 Route 10 West Morris Plains, New Jersey
22 521 Livingston Avenue Norwood, New Jersey
47 11-15 River Road North Arlington, New Jersey
33 338 Ramapo Valley Road Oakland, New Jersey
2 Browntown Shopping Cntr Old Bridge, New Jersey
35 1470 Route 46 Parsippany, New Jersey
44 1405-79 South Avenue Plainfield, New Jersey
48 375 Rt. 35 & Main Street Port Monmouth, New Jersey
21 1046 St. George Avenue Rahway, New Jersey
14 25 North Spruce Street Ramsey, New Jersey
25 104 Orlando Drive Raritan, New Jersey
59 295 Route 46 Rockaway, New Jersey
52 521 Raritan Avenue Sayreville, New Jersey
42 1760 Easton Avenue Somerset, New Jersey
7 Adelphia Road & Route 9 South Freehold, New Jersey
1 140 South Plainfield Ave. South Plainfield, New Jersey
3 1153 Valley Road Stirling, New Jersey
16 2933 Vauxhall Road Vauxhall, New Jersey
11 342 Claremont Avenue Verona, New Jersey
30 1825 Highway 35,Suite15 Wall, New Jersey
18 110 Mountain Blvd. Warren, New Jersey
51 Wayne Drug Fair Wayne, New Jersey
28 175 Locust Avenue West Long Branch, New Jersey
9 260 North Avenue Westfield, New Jersey
19 519 Cedar Hill Avenue Wyckoff, New Jersey

DRUG FAIR

Stores where advertised merchandise allegedly was not maintained in sufficient supply:

Store Number Store Location
49 345 Franklin Avenue Belleville, New Jersey
54 600 Myrtle Avenue Boonton, New Jersey
55 481 Union Avenue Bridgewater, New Jersey
40 650 Shunpike Road Chatham, New Jersey
43 449 Lakeview Avenue Clifton, New Jersey
50 1006 Route 46 Clifton, New Jersey
32 6-20 South Avenue Cranford, New Jersey
31 20 West Hudson Avenue Englewood, New Jersey
46 14 James Street Florham Park, New Jersey
45 1303 North Broad Street Hillside, New Jersey
39 Rt. 202 & County Line Rd. Lincoln Park, New Jersey
20 201 East Main Street Little Falls, New Jersey
53 2960 Route 10 West Morris Plains, New Jersey
35 1470 Route 46 Parsippany, New Jersey
44 1405-79 South Avenue Plainfield, New Jersey
21 1046 St. George Avenue Rahway, New Jersey
14 25 North Spruce Street Ramsey, New Jersey
59 295 Route 46 Rockaway, New Jersey
7 Adelphia Road & Rt. 9 South Freehold, New Jersey
3 1153 Valley Road Stirling, New Jersey
16 2933 Vauxhall Road Vauxhall, New Jersey
11 342 Claremont Avenue Verona, New Jersey
28 175 Locust Avenue West Long Branch, New Jersey
19 519 Cedar Hill Avenue Wyckoff, New Jersey

WAL-MART

Stores where infant formula and/or non-prescription drugs allegedly were offered for sale past the listed expiration dates:

Store Number Store Location
5077 300 Wooton Avenue Boonton, New Jersey
5340 500 Route 38 Cherry Hill, New Jersey
2254 55 S. WhiteHorse Pike Hammonton, New Jersey
5447 150 Harrison Avenue Kearny, New Jersey
2651 100 North Main Street Manville, New Jersey
2497 1236 Route 22 Phillipsburg, New Jersey
5069 3576 Route 22 West Whitehouse Station, N.J.

WAL-MART

Stores where merchandise allegedly scanned at a price in excess of the price listed at the point of display:

Store Number Store Location
5077 300 Wooton Avenue Boonton, New Jersey
2040 2106 Mount Holly Road Burlington, New Jersey
2871 2501 Route 130 South Cinnaminson, New Jersey
2582 1 Wal-Mart Plaza Clinton, New Jersey
5340 500 Route 38 Cherry Hill, New Jersey
2503 1885 Route 57 Hackettstown, New Jersey
2254 55 South White Horse Pike Hammonton, New Jersey
5447 150 Harrison Avenue Kearny, New Jersey
1921 525 Route 72 West Manahawkin, New Jersey
2651 100 North Main Street Manville, New Jersey
1869 150 Route 70 East Marlton, New Jersey
2497 1236 Route 22 Phillipsburg, New Jersey
1844 950 Route 37 West Toms River, New Jersey
5069 3576 Route 22 West Whitehouse Station, N.J.

Stores where merchandise allegedly was offered for sale without a plainly marked total selling price:

Store Number Store Location
5077 300 Wooton Avenue Boonton, New Jersey
1977 1872 Route 88 Brick, New Jersey
2040 2106 Mount Holly Road Burlington, New Jersey
2871 2501 Route 130 South Cinnaminson, New Jersey
5340 500 Route 38 Cherry Hill, New Jersey
2254 55 South White Horse Pike Hammonton, New Jersey
1869 150 Route 70 East Marlton, New Jersey
2497 1236 Route 22 Phillipsburg, New Jersey
5069 3576 Route 22 West Whitehouse Station, N.J.

WAL-MART

Stores where advertised merchandise allegedly was not maintained in sufficient supply:

Store Number Store Location
5077 300 Wooton Avenue Boonton, New Jersey
1977 1872 Route 88 Brick, New Jersey
2582 1 Wal-Mart Plaza Clinton, New Jersey
5340 500 Route 38 Cherry Hill, New Jersey
2503 1885 Route 57 Hackettstown, New Jersey
2254 55 South White Horse Pike Hammonton, New Jersey
1921 525 Route 72 West Manahawkin, New Jersey
2651 100 North Main Street Manville, New Jersey
1869 150 Route 70 East Marlton, New Jersey
2497 1236 Route 22 Phillipsburg, New Jersey
5069 3576 Route 22 West Whitehouse Station, N.J.

Stores where bicycles allegedly were sold without the bike helmet law being posted:

Store Number Store Location
2582 1 Wal-Mart Plaza Clinton, New Jersey
2254 55 South White Horse Pike Hammonton, New Jersey

TARGET

Stores where infant formula and/or non-prescription drugs allegedly were offered for sale past the listed expiration dates:

Store Number Store Location
1153 570 Route 70 Brick, New Jersey
1822 30 Kingsland Road Clifton, New Jersey
1263 543 River Road Edgewater, New Jersey
1365 751 Route 73 S. Evesham, New Jersey
1886 100 14th Street Jersey City, New Jersey
1330 630 Main Street Hackensack, New Jersey
1109 380 Consumer Square Mays Landing, New Jersey
2170 2100 N. 2nd Street Millville, New Jersey
1865 7101 Tonnelle Avenue North Bergen, New Jersey
1084 2690 Route 22 East Union, New Jersey

TARGET

Stores where merchandise allegedly scanned at a price in excess of the price listed at the point of display:

Store Number Store Location
1153 570 Route 70 Brick, New Jersey
1158 2703 Route 541 Burlington, New Jersey
1822 30 Kingsland Road Clifton, New Jersey
1345 70 Princeton Highstown Rd.East Windsor, New Jersey
1263 543 River Road Edgewater, New Jersey
1055 100 Parsonage Road Edison, New Jersey
1365 751 Route 73 S. Evesham, New Jersey
1175 632 Route 46 East Fairfield, New Jersey
1886 100 14th Street Jersey City, New Jersey
1330 630 Main Street Hackensack, New Jersey
1823 4955 Route 9 South Howell, New Jersey
1184 55 Route 9 Manalapan, New Jersey
1109 380 Consumer Square Mays Landing, New Jersey
2170 2100 N. 2nd Street Millville, New Jersey
1917 4 Centerton Road Mount Laurel, New Jersey
1865 7101 Tonnelle Avenue North Bergen, New Jersey
1151 500 Nassau Park Blvd. Princeton, New Jersey
2181 487 Cross Keys Road Sicklerville, New Jersey
1154 1331 Hooper Avenue Toms River, New Jersey
1132 4001 Black Horse Pike Turnersville, New Jersey
1084 2690 Route 22 East Union, New Jersey

Stores where merchandise allegedly was offered for sale without a plainly marked total selling price:

Store Number Store Location
1153 570 Route 70 Brick, New Jersey
1822 30 Kingsland Road Clifton, New Jersey
1345 70 Princeton Hightstown East Windsor, New Jersey
1055 100 Parsonage Road Edison, New Jersey
1330 630 Main Street Hackensack, New Jersey
1823 4955 Route 9 South Howell, New Jersey
2170 55 Route 9 Manalapan, New Jersey
2170 2100 N. 2nd Street Millville, New Jersey
1917 4 Centerton Road Mount Laurel, New Jersey
1151 500 Nassau Park Blvd. Princeton, New Jersey
1132 4001 Black Horse Pike Turnersville, New Jersey
1084 2690 Route 22 East Union, New Jersey

TARGET

Stores where the rain check policy allegedly was not posted:

Store Number Store Location
1153 570 Route 70 Brick, New Jersey
1822 30 Kingsland Road Clifton, New Jersey
1345 70 Princeton Hightstown East Windsor, New Jersey
1055 100 Parsonage Road Edison, New Jersey
1330 630 Main Street Hackensack, New Jersey
1823 4955 Route 9 South Howell, New Jersey
1154 1331 Hooper Avenue Toms River, New Jersey
1084 2690 Route 22 East Union, New Jersey

Stores where advertised merchandise allegedly was not maintained in sufficient supply:

Store Number Store Location
1153 570 Route 70 Brick, New Jersey
1055 100 Parsonage Road Edison, New Jersey
1263 543 River Road Edgewater, New Jersey
1365 751 Route 73 S. Evesham, New Jersey
1886 100 14th Street Jersey City, New Jersey
1184 55 Route 9 Manalapan, New Jersey
2170 2100 N. 2nd Street Millville, New Jersey
1151 500 Nassau Park Blvd. Princeton, New Jersey
1154 1331 Hooper Avenue Toms River, New Jersey
1132 4001 Black Horse Pike Turnersville, New Jersey

Stores where bicycles allegedly were sold without the bike helmet law being posted:

Store Number Store Location
1263 543 River Road Edgewater, New Jersey
1365 751 Route 73 S. Evesham, New Jersey
1175 632 Route 46 East Fairfield, New Jersey
1330 630 Main Street Hackensack, New Jersey
1823 4955 Route 9 South Howell, New Jersey
1184 55 Route 9 Manalapan, New Jersey
2170 2100 N. 2nd Street Millville, New Jersey
1865 7101 Tonnelle Avenue North Bergen, New Jersey
2181 487 Cross Keys Road Sicklerville, New Jersey
1154 1331 Hooper Avenue Toms River, New Jersey
1084 2690 Route 22 East Union, New Jersey

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