CVS Targeted in Nationwide Class Action Alleging Sale of OTC Drugs and Foods Past Expiration Dates

A putative class action has been filed in a federal court in Louisiana against CVS Caremark Corp., alleging that the company “has a long history of selling out-of-date medications, baby formula, and food.” Cooper v. CVS Caremark Corp., No. 10-331 (E.D. La., filed February 5, 2010). The named plaintiff, who claims she purchased an expired over-the-counter (OTC) medication from a CVS store, seeks to certify a nationwide class of persons who likewise purchased expired products and asks the court for injunctive relief and compensatory damages. The complaint alleges that the expired OTC medications are “adulterated” under Food and Drug Administration guidelines and that their sale violates the Food, Drug, and Cosmetic Act. The plaintiff also claims that expired OTC drugs, food and baby formula “are unmerchantable and unfit for ordinary use.”