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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.

J.JONES January 15, 2013 at 09:32 PM
@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...
Sandra January 15, 2013 at 11:42 PM
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).
John E January 16, 2013 at 01:33 AM
K-Mart isn't going to be around long anyway, plus their parent store Sears..both be history within two years.
read bull January 16, 2013 at 01:51 AM
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?
BrickGuy January 16, 2013 at 03:49 AM
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.

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