UPDATE: Two Bergen County Kmart Locations Sold Expired Baby Formula, Medicine

The Elmwood Park and Paramus Kmart stores were among the 19 New Jersey locations carrying expired baby formula and non-prescription medication, according to information provided by the Attorney General's Office.

UPDATE: The Elmwood Park and Paramus Kmart locations were among the 19 stores across the state found carrying expired items, according to the state Attorney General's Office.

According to a consent order released by the state the Paramus location on Route 17 had 10 of the expired items and Elmwood Park had 28. The Lodi store which is most local to Hasbrouck Heights was not on the list of locations found to have these expired items.

Of the 257 expired non-prescription drugs and/or infant formulas Kmart was selling—statewide—past their expiration dates, many were several months—some a year or more—beyond the expiration date. 

The full list of stores and the number of expired items they were found to be carrying is contained in the PDF attached to this story. The list is on page 3.

Officials announced on Friday that 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.

Expired items had been found in stores located in Atlantic, Bergen, Burlington, Camden, Cape May, Essex, Gloucester, Mercer, Monmouth, Morris, Ocean, Passaic, and Somerset 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 month-long 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.


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