DA Announces $16 Million Statewide Settlement Over Allegations Walmart Offered for Sale Expired Infant Formula and Over-The-Counter Drug Products

Today, District Attorney Carla Rodriguez announced a $16 million settlement with Walmart, Inc. (“Walmart”) in response to a law enforcement investigation revealing that Walmart was offering for sale infant formula after the “use by” date and over-the-counter (OTC) drugs after the expiration date, in violation of California law.

“Under California law and the terms of the judgment, Walmart is prohibited from selling infant formula after the “use by” date and expired OTC drugs in California,” said Rodriguez. “My office is proud to partner with other District Attorneys around the state to bring this important action that protects the public and consumers.”

As part of the settlement filed in Alameda County Superior Court, Walmart agrees to be bound by an injunction prohibiting the sale or offering for sale of infant formula past the “use by” date and OTC drugs past their expiration date in all of their California stores. Walmart is also ordered to institute an Enhanced Expired Product & Inventory Compliance Program which includes training for employees and dedicated employee hours exclusively to check for and remove any expired OTC drugs or infant formula from store inventories.

Walmart stores sell a variety of OTC drug products that are covered by this Judgment. Expiration dates on these products are intended to convey to consumers the time period in which the products are expected to maintain their strength, quality and purity based on stability testing by the manufacturer. The products can be identified by a Drug Facts label on the packaging and includes common household items such as cough syrup, sunscreen, and cosmetics.

The lawsuit was brought by the District Attorney Offices of Alameda, Sacramento, San Bernardino, San Joaquin, Solano, Sonoma, and Yolo Counties, on behalf of the People of the State of California. The Sonoma County District Attorney’s Office will receive $2.2 million in civil penalties and $60,000 in cost recovery.

The prosecutors acknowledge Walmart’s cooperation upon learning of the investigation including taking proactive measures to work toward compliance with the law before any settlement was reached. There was no evidence discovered by prosecutors as part of this investigation that any sales of outdated or expired products by Walmart resulted in physical harm to consumers.

Carla Rodriguez also urges all retailers who offer for sale OTC drugs or infant formula to review their inventory practices to ensure full compliance with state and federal law.

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