Stockton - On August 2, 2023, a settlement to resolve a civil law enforcement action against Albertsons Companies, Inc., was entered by the Superior Court in San Joaquin County. The settlement was entered in conjunction with the District Attorney Offices of San Joaquin County, San Bernardino County, and Yolo County.

Albertson Companies, Inc., owns and operates pharmacies and grocery stores in California, which sell general merchandise including over-the-counter drugs. Albertsons operates several stores in San Joaquin County. Retailers in California are prohibited from selling or offering for sale over-the-counter drugs after the expiration date on the label. The civil complaint, filed in San Joaquin County Superior Court, alleged that Albertsons offered for sale and sold during the last four years, expired over-the-counter drug products after their labeled expiration dates.

Upon being put on notice of the violations found during the People’s investigation, Albertsons was cooperative and conducted internal checks for expired over-the-counter drugs which were past the “use by” date at all their California retail locations. Albertsons further invested time and resources to prioritize the verification of expiration dates and re-train store personnel. There was no evidence discovered by the People as part of their investigation that the sale of any expired products resulted in harm to consumers.

Without admitting or denying liability, Albertsons agreed to be bound by a court order which prohibits any additional violations of California law relating to the sale or offer for sale of over-the-counter drugs past their labeled expiration date. As part of the judgment, Albertsons was ordered to pay $3,300,000 in civil penalties and investigative costs as well as an additional $200,000 in restitution which shall be paid to the Consumer Protection Trust for the purpose of enhancing the investigation, prosecution and enforcement of consumer protection actions across the State of California.

Albertsons also agrees to conduct ten expiration sweeps each year in the cough/cold/allergy section of each store in California, and three expiration sweeps each year for all other over-the-counter drugs. The sweeps are required by the judgment to be done for the next five years beginning in March 2024 and ending in February 2029.