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Infant formula

This article was originally published in The Tan Sheet

Executive Summary

CFSAN urges retailers to evaluate training and management practices to prevent the sale of outdated infant formula in a recent notice. The FDA center cautions infant formula that has passed its "use by" date may not provide the required nutrient levels and is considered adulterated. FDA supports the use of marketing programs encouraging retailers to return, to the manufacturer, products not sold by the "use by" date. In July, Rite Aid/Thrifty Payless settled a consumer protection suit brought by several California district and city attorneys alleging the chain sold expired products, including infant formula, in the state (1"The Tan Sheet" July 12, 1999, In Brief)

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Rite Aid/Thrifty Payless settles consumer protection suit brought by several California district and city attorneys alleging the chain sold expired infant formula, contraceptives, pregnancy tests and "baby medicines" throughout its stores in the state (1"The Tan Sheet" June 14, In Brief). Rite Aid will pay $1.4 mil. in "penalties, costs and restitution" and must, for the next three months, notify customers they may have purchased out-of-date products, as required under an original judge's order in the case. The chain also must provide refunds or replacements for any products expired at time of purchase. Rite Aid is permanently prohibited from selling expired products; the firm admits no liability in the case

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