UPDATE: Kmarts In Brick And Toms River Offered Expired Items For Sale
Fines, increased inspections required for big box retailer
Kmarts in Brick and Toms River were found to have sold or offered for sale expired infant formula and non-prescription medications, officials say.
As part of the discovery, 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 as part of a settlement with the state Division of Consumer Affairs, officials announced Friday.
The big box store company has been found to have sold, or offered for sale, at least 10 expired items at the Brick store on Route 88, and seven items at the Toms River store on Route 37, court documents say.
During inspections, inspectors found 257 packages of infant formula, as well as non-prescription medications, that were between nine months to 29 months past the 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.
At least 20 of Kmart’s New Jersey stores will be inspected each quarter, the settlement requires.
The compliance liaisons will then 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.
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.
BD
12:22 pm on Monday, January 14, 2013
Why are they just going after K-Mart? What about all the Shop Rites that get away with selling their expired foods?
SR Sal
12:53 pm on Monday, January 14, 2013
Sadly this is true about SR, I work the overnight shift in the new TR store and one night I pulled about 2 milkcrates worth of items off the shelf that were expired and my crew chief made me put them back on the shelf.
heather
12:33 pm on Monday, January 14, 2013
Someone needs to go to Walmart in Lacey!! Expired items all over the store!!
Pepsi
1:11 pm on Monday, January 14, 2013
What is the specific law regarding this? I thought that expired food was "buyer beware", and if there is (lets say) expired bread and milk for sale, it's not actually illegal. Is it different when it comes to infant formula and non-perscription medication?
Lifetime resident
6:39 pm on Monday, January 14, 2013
in NJ you may not sell or offer to sell expired food, or health and beauty aid items. Any retailer caught is fined per piece on the shelf. Those stores that have the "1/2 price rack" are in violation once the item goes past expiration. The smart retailers use the 1/2 price rack for short date while it is still legal to sell.
JC78
1:38 pm on Monday, January 14, 2013
Stores are always going to have misses unfortunately, so shoppers have to be educated and check what they're buying.
Bill
10:07 pm on Monday, January 14, 2013
OH comon now JC78 !!! That sounds like too much personal responsibility !!!.... do you actually expect people to be able to read ??!!.. Remember, you'll feel better in this life today if you can blame all your shortcomings on someone else... it was probably Bush's fault anyway !!
Bill
1:42 pm on Monday, January 14, 2013
I can see where the folks up there in Bricktucky need someone to read the expiration dates for them but the fancy folks of Toms River can't read either?
common sense
7:48 pm on Monday, January 14, 2013
Toms River is fancy? When did that happen?
Mr J
1:54 pm on Monday, January 14, 2013
Bricktucky where do you live?
Dawn
1:57 pm on Monday, January 14, 2013
Walmart is good for that. They had yogurt 2 days ago with sell by Dec. 17, 2012
Bill
9:57 pm on Monday, January 14, 2013
so don't buy it !! Duuuhhh !!!
Da Poppa
1:59 pm on Monday, January 14, 2013
This is not just about expired food, but expired baby formula! I know what that what is required by law and what is actually practiced are two different things, but pharmaceuticals (not just over the counter) and baby formula are tracked much more closely by state regulators. If you are aware of items of this type being sold after expiration, report it to the state Division of Consumer Affairs. Don't call them because you found an old bag of chips on the shelf.
Scott Derek
2:04 pm on Monday, January 14, 2013
You may wind up spending a little more, but Babies "R" Us has to check a few times a week for dates on infant formula; if it's thirty days or less before the expiration date it gets pulled off of the shelves.
Rich
2:11 pm on Monday, January 14, 2013
I won't step foot in the Brick store after I went into the store and went towards the back where they have the outside area. The doors were chained shut and there was a working exit sign pointing right towards it. Heaven forbid there was a fire there and people went that way.
Laci
2:16 pm on Monday, January 14, 2013
Report all Spam, whether it's in a can or in your inbox and avoid blue-light specials.
Megan
2:23 pm on Monday, January 14, 2013
I also had issues with Lacey Walmart. My yogurts didn't have any expiration date stamps on them.
Piney Boy
2:37 pm on Monday, January 14, 2013
Read the labels STUUPPPIIIIDDDDDD!!!! It's that simple. Has the human race become that pampered and spoiled? I never buy, eat or give anything without reading the label. Boo hoo hold my hand through life. Get over it
fed up
2:47 pm on Monday, January 14, 2013
@ Piney Boy, now that is funny sh!t right there. And i agree.
BN
10:55 pm on Monday, January 14, 2013
There's no nuts in Choc Full O Nuts...WTF?
Callaspade Aspade
2:54 pm on Monday, January 14, 2013
This is a major pet peeve of mine. I constantly check expiry dates on everything, everywhere. What I shkeeve is buying pre-cooked food from the deli, etc. and how do we know what they use didn't die three months ago?
HELP..
3:01 pm on Monday, January 14, 2013
COMMON SENSE READ THE DATE CODES...
Callaspade Aspade
6:05 pm on Monday, January 14, 2013
ARE U SAYING I DON'T HAVE ANY COMMON SENSE, SNAPPERHEAD?? THEY DON'T PUT DATE CODES ON DELI MEATS WHEN YOU BUY THEM
Bill
10:18 pm on Monday, January 14, 2013
There's still at least one good thing about this country... nobody is forcing you to buy anything !!\...oooops ! sorry... forgot about OBAMACARE !!!!
HELP..
3:02 pm on Monday, January 14, 2013
that's an employees job to check date codes and rotate stock..They should be fired with the manager in charge of that area ..
HELP..
3:07 pm on Monday, January 14, 2013
That's some ones job to check dates and rotate stock and there's a manager that looks over that department ..Both should be fired...that's what you get for 15$ per hour managers...and 10$ employees ..no one cares..
Ex-employee
3:53 pm on Monday, January 14, 2013
why should an employee be fired for pulling the expired items just to be threatened by management to put them items back or be fired? Supposely they hired a person to pull the expired items over 3 years ago. Fire that person and management and than close the unsafe building.
Craig
3:09 pm on Monday, January 14, 2013
ITS CALLED LAZY PEOPLE. GO TO THE BRICK KMART AND YOU WILL SEE OVERWEIGHT,UNHEALTHY, UNKEPT, SLOPPY PEOPLE WORKING THERE. THEY WALK PAST THINGS ON THE FLOOR THERE EATING FOOD AT THE SERVICE DESK AND THE REGISTERS. THE BATHROOMS ARE SO DIRTY THAT YOU COULD CATCH HEP C IN THERE .. ITS JUST AN ALL OVER DIRTY PLACE..
.
4:20 pm on Monday, January 14, 2013
How would you know what the bathrooms are like?
letsallgetalong
6:56 pm on Monday, January 14, 2013
Let's see. All caps and u seem to pay too much attention to people that work there. Is it safe to say that at one time you were one of these people you are slandering? My bet is if we called Kmart we would probably find out they recently fired a person named Craig. Lol
butch cassidy
3:32 pm on Monday, January 14, 2013
this happens all the time...had it at shoprite not long ago....people need to do their jobs better and i guess me as a consumer should always double check too...lol if i can read the print or even find the expiration date
medeelee
3:43 pm on Monday, January 14, 2013
Shoprite in brick is a MAJOR culprit!!
Tom Cular
12:25 am on Tuesday, January 15, 2013
Yupp!!!
Ex-employee
3:43 pm on Monday, January 14, 2013
Well it's about time. As a former employee of the Brick store, I would get in trouble for pulling these items from the shelves and required to put them back on the shelves by management. And by the way if you call making minimiun wage $10.00 an hour than your as looney as those managers. How about the heaqt doesn't work, the a/c doesn't work, all the emergency exits are changed shut, and the ceiling laks in the back room. Working there you know not to shop there for food or non prescription medications!
Ex-employee
3:45 pm on Monday, January 14, 2013
oh I forgot they have an imagionary person getting paid $15.00 an hour to pull the expired mechandise from the shelves.
Al
3:56 pm on Monday, January 14, 2013
I would be shocked if these stores are even open a year from now. They seem to always be empty.
George
7:15 pm on Monday, January 14, 2013
And Sears is on the way out of business soon. The whole chain will "expire."
Av
4:00 pm on Monday, January 14, 2013
Thers slums for the white trash to shop at
Nj Ghost
4:19 pm on Monday, January 14, 2013
I always read the labels for the experation dates as most people do...That's why i know stop and shop in Point is a big offender...
Mr. Joey G.
5:07 pm on Monday, January 14, 2013
All stop & shops are bad. and Every time I go to the Dollar general all the cakes and bread are always out dated. I have told them many times. They they will take care of it. I come back the next day and it is t=still the same.
Sandra
4:46 pm on Monday, January 14, 2013
Yeah, go on over to Shop Rite and see package goods that are expired a YEAR. Imagine buying LIttle Debbies and see what the page dates are before you buy them. Most time you can't even find a date on cans, packages, jars etc. And if you can it was "stamped over" or too small to find without a magnifier. It begins with the stores and I blame the managers for not spot checking. Don't stop at food...check out the toothpaste and mouthwash too. And they wonder why everyone shops at the dollar store.
Craig
5:04 pm on Monday, January 14, 2013
SANDRA YOU WILL NEVER SEE OUTSIDE VENDOR SUPPLIED ITEMS OUTDATED SUCH AS LITTLE DEBBIES.THEY ARE VERY STRICT WITH THAT. BACK TO KMART THERE SO LAZY AND CHEAP THERE THAT THE FRONT DOOR ALARM HASNT WORKED FOREVER THEY CANT DEACTIVATE ANY MERCHANDISE ALARMS SO THEY JUST ALLOW PEOPLE TO WALK OUT THE FRONT DOOR WHEN THE ALARM IS ACTIVATED, THE CASHIERS ARE SO USED TO IT THAT THEY DONT EVEN LOOK AT THE PEOPLE GOING THROUGH.... I MEAN COME ON IF YOU WANT TO GO OUT OF BUSINESS THATS HOW YOU DO IT..
letsallgetalong
6:57 pm on Monday, January 14, 2013
Ha Ha, you definitely worked there!
Sandra
6:42 pm on Tuesday, January 15, 2013
Craig, I was eating Little Debbies and wondered why the bars were so crumbly and stale. Then I looked at the package (four day old purchase) and the Little Debbies bars were over a year old. Back to Shop Rite (Bayville) went over to the aisle and looked at their shelf and sure enough packed almost to the front was old old Little Debbies. Besides that, there are LIVE birds flying around the store too. Those birds (I was told live there because they can't catch them).
Colleen
5:07 pm on Monday, January 14, 2013
@AV and what happened to the school your ignorant ass was supposed to be "at" which would have enabled you to spell and express yourself with a modicum of intelligence.
White trash is just a label for poor caucasian people who are not as quick and proud to receive government hand-outs as K-Mart and individuals who invoke the Civil Rights Amendment to receive various forms of Financial Aid.
Joseph Woolston Brick
5:31 pm on Monday, January 14, 2013
The Brick Walmart and Kmart are disasters, not only with out of date merchandise, but with price labeling, stocking and cleanliness. Walmart offers big surprises at the cash register, the labels at the shelves say one price, when you get to the scanner BOOM your hit with a higher price. Sometimes in works in the customers favor, most of the time not. This past Christmas I decided to buy a WiFi system from Walmart, I picked a system that the price tag underneath all of the boxes said $69.98 and had the features I wanted. When I got to the check out, it scanned at $99.98. So I got pissed and they sent a floor runner to check out my story about them all being in a space that said they were $69 and he came back and told the manager that I was right and they gave me the system for $69. That's not the first time, the last couple of times that the prices were higher than marked I left them right at the check out and told them to put it back on the shelves on their own. The Walmart in Brick is one of the worst managed I've seen. Should I give them a pass because they are under construction, HELL NO!
Callaspade Aspade
6:15 pm on Monday, January 14, 2013
OMG I do feel your pain!! I have HAD IT with the shelf-price and scan-price issue - I've also left stuff at the register that scanned more expensive - and just try reading the encrypted shelf tag description - fuggeddaboudit!!! THIS IS WHY I WILL CONTINUE TO SHOP ONLINE. ALSO - CUSTOMER SERVICE SUX EVERYWHERE!!
Johnzo
6:29 pm on Monday, January 14, 2013
if u don't like it don't shop there.(period)stop your bitching.. If you could do better open your own place. There's much more worse things in the world . I could only hope you will expire
Av
6:45 pm on Monday, January 14, 2013
@colleen looks like a hit a nerve guess you one of the in your purple stretchy pants. You sure are clever picking up on a typo. What time you heading to Kmart ?
Av
7:12 pm on Monday, January 14, 2013
Kmart has a free buffet tonight Colleen oh yeah
rich
7:48 pm on Monday, January 14, 2013
what losers. you people leave your comments then consistently come back to check them. people sitting on their asses all day going back and forth on this retarded message board.
Colleen
7:50 pm on Monday, January 14, 2013
@AV No ignoramus, wrong again. That horrendous frothing foam of self loathing pooling in the corners of your mouth has now spilled out and all over the internet. Your version of white trash is really quite interesting. Going forward you may want to wipe that up before someone like me can locate your IP address in the HTML code on this website so I can let your neighbors know how unbelievably stupid you are and how often you shop in KMART for Tucks Roid Pads and mouth wash. Get a life before you make blanket generalizations, turdbag. And stay the hell out of KMART if you take issue with the employees and customers.
Stay at home mama
8:22 pm on Monday, January 14, 2013
Pay attention to where you shop. Why buy food at K-mart? The Shop Rites mentioned in the comments are Saker owned. Try a Perlmutter store.
Tom Cular
12:37 am on Tuesday, January 15, 2013
The Shop Rite in Brick has gone downhill since former management was moved to other stores. I knew Sakers when they had 1 store in Freehold, big difference today!!
Dave Sleeper
8:24 pm on Monday, January 14, 2013
"Give us your tired, your hungry and your poor, that yearn to breath free air." And let em loose in K-Mart! Is that for real?, "Kmart will donate $25,000 worth of infant formula to charity," Can't wait to stuff my kid full of 3 year old baby formula.
the bulldog
8:58 pm on Monday, January 14, 2013
must be the mayors fault
Bill
10:19 pm on Monday, January 14, 2013
...no it's Bush's fault !!...LOL!
Bill
10:00 pm on Monday, January 14, 2013
so now we have a whole new beauracracy of government reading the labels for people who can't read... isn't socialism great ??!!
BN
10:59 pm on Monday, January 14, 2013
What did you expect? Look who is teaching them? The NJEA. And pothead parents don't help the situation either.
type writer
11:21 pm on Monday, January 14, 2013
Let them sell the expired food, but please ban them from selling spandex leotards to their morbidly obese female customers.
lady4string
1:27 am on Tuesday, January 15, 2013
who goes there anymore it smells like feet
Mark Story Jenks
5:33 am on Tuesday, January 15, 2013
The comments on this are hilarious!
Craig
5:47 am on Tuesday, January 15, 2013
Singer your right I don't do the cooking. I have a bitch at home to do it just like your husband does.
David
8:12 am on Tuesday, January 15, 2013
Who got Kmart in their sights. Try any food store and the fines should be the same! Over a year ago I went to a local big chain food store and they had applesauce on sale. It was green for the Shrek movie. Cool. Just before checkout I just happened to notice that this stuff was 6 MONTHS expired date. I went back to the aisle and they had 1/2 a shelf full of expired applesauce. I complained to Customer service and got the run around. Sorry sir, we will pull that off the shelf.
ed mays
11:37 am on Tuesday, January 15, 2013
36mike-....and convenience stores who don`t label price their goods on shelves and even in dairy and at times milk which hasn`t met it`s sell by date still can smell bad...just a waste of money. Speak up and complain. And another...some delis out there still do not require employees to wear latex gloves when preparing sandwiches...gross! Where are the state laws and inspectors to catch all this?
MTBottle
11:41 am on Tuesday, January 15, 2013
Aldi's!!!!
Corsair
3:47 pm on Tuesday, January 15, 2013
I always read the labels and have noticed expired foods but Wal-Mart has burned me twice with returned items being put back on the shelf. I even check the tape or staples on the box and they always look factory so Wal-Mart is going out of its way to put damaged goods back on the shelf. The reason I know these items were returned once already is because one of the items still had someone’s screwdriver in the box that they used to put batteries in the toy. lol
HELP..
4:29 pm on Tuesday, January 15, 2013
@Ex Employee I said managers at $15 per hour and Employees at $10...read slowly ...and I agree store is a mess water leaks on sales floor...
HELP..
4:32 pm on Tuesday, January 15, 2013
@Cammi they don't have a deli that sells cold cuts by the slice only packaged cold cuts with sell dates.Again read the labels and date codes...
Callaspade Aspade
8:51 pm on Tuesday, January 15, 2013
I know that- i'm speaking of all these local deli dives - how do you know if theyre preparing their dishes with fresh food, or outdated cold cuts on your sandwich?
John E
8:33 pm on Tuesday, January 15, 2013
K-Mart isn't going to be around long anyway, plus their parent store Sears..both be history within two years.
Paul Pallante
10:49 pm on Tuesday, January 15, 2013
While the stores are ultimately responsible, the mistake they make is counting on outside sales/service organization often referred to as 'brokers' to rotate and pull products that are close too or out of date. The reliance is so great that the store personnel know they aren't responsible and don't check themselves. With Obamacare coming on board, expect the stores and the service companies to cut back hours and make the situation even worse.