Consumer Fraud

Walmart Settlement Over Expired Infant Formula and Drug Products

Walmart Settlement Over Expired Infant Formula and Drug Products — Consumer Fraud class action lawsuit

Case Overview

The state of California, represented by the district attorneys from seven counties, reached a $16 million settlement with Walmart Inc. The allegations centered on the retailer selling infant formula and various over-the-counter drug products that were past their expiration or "use by" dates to consumers.

The consumer protection lawsuit was brought by the prosecutors on behalf of the people of California. The settlement requires Walmart to adhere to an injunction that prohibits it from selling or advertising infant formula after its "use by" date and also bans the sale of over-the-counter drugs past their expiration dates at its California locations. The products covered include date-sensitive items like medications, sunscreen, and cosmetics.

As part of the agreement, Walmart must establish a six-year inventory-checking program across its California stores and dedicate four associate hours weekly at every location to check date-sensitive products. The settlement resolves the prosecutors' claims, though it noted that the investigation found no evidence of physical harm to consumers from the expired goods.

Who May Qualify

California consumers affected by the sale of expired infant formula or over-the-counter drug products by Walmart.

Frequently Asked Questions

What was the basis for the lawsuit against Walmart?

Prosecutors alleged that Walmart sold infant formula and over-the-counter drug products to consumers in California even after these items had passed their printed expiration or "use by" dates.

What are the requirements Walmart must follow after the settlement?

Walmart must implement a six-year inventory-checking program in its California stores and dedicate four associate hours each week at every location to check date-sensitive products and infant formula.

Did the lawsuit allege that consumers were physically harmed?

The settlement documentation noted that the investigation found no evidence of consumers being physically harmed by the expired products.

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