Ron Freitas
District Attorney
RON FREITAS District Attorney, San Joaquin County
Protecting Our Community Since 1850 222 E. Weber Avenue, Room 101, Stockton, CA
P. O. Box 990, Stockton, CA 95201
T (209) 468-2400 | F (209) 465-0371
News from the Office of District Attorney Ronald J. Freitas
For Immediate Release
June 11, 2024

Save Mart chain to pay $1.6M to resolve sale of expired products claim

San Joaquin County District Attorney Ron Freitas announces that on May 23, 2024, Save Mart Supermarkets, LLC, and their affiliated stores agreed to pay a $1.6 million settlement in a civil complaint brought forth in coordination with the District Attorney’s Offices in San Joaquin, Solano, El Dorado, Marin, Sonoma, and Yolo counties.

The civil complaint filed in Yolo County Superior Court states that Save Mart and its affiliated stores sold and offered for sale items including over-the-counter medications, baby food, and infant formula past their “use by” or expiration date during the last 4 years.

Retailers are prohibited from selling or offering for sale any over-the-counter medication past expiration dates. In addition, retailers are also prohibited from selling or offering baby food and formula beyond the “use by” date if the items require a “use by” date on their packaging.

Save Mart owns and operates approximately 185 supermarkets in California including businesses such as Lucky, Lucky California, FoodMaxx, and Maxx Food Value.

“We are grateful to work alongside our District Attorney partners across the state to hold retailers accountable,” Freitas said. “Consumers have a right to be concerned about the products they purchase, especially relating to their health, and the health of their infants and children. We remain committed to ensuring the protection of consumers when they’re buying products at the checkout line.”

Without admitting or denying fault, Save Mart was ordered by Yolo County Superior Court to pay $1,560,000 in civil penalties and costs. The company was also ordered to pay $40,000 in restitution to a trust that funds consumer-related prosecutions.

Save Mart was cooperative and conducted internal checks for expired items upon notice of the violations.

An investigation found no evidence that the sale of expired items or items past their “use by” dates, resulted in harm to consumers.”