Under the settlement, Walmart must check that baby formula and over-the-counter drugs are not sold after their use dates at its California stores, and train employees to identify and remove expired merchandise, SFGATE reports. The company will pay $16 million: more than $15.7 million in penalties and $250,000 in fees, according to the report.
What an infant-formula use-by date means
The FDA says infant formula manufacturers guarantee a product’s nutrient content and quality only through its “use by” date, according to the U.S. Food and Drug Administration.
Investigators found no evidence that the products caused physical harm, and the District Attorney’s Office said Walmart cooperated during the investigation, NBC Bay Area reported. Solano County District Attorney Krishna Abrams said the agreement is intended to strengthen protections against future violations and emphasized that families should be able to rely on the formula and medicines they buy being within date, SFGATE reported.
The civil lawsuit was brought by Solano, Alameda, Sacramento, San Bernardino, San Joaquin, Sonoma and Yolo counties. Prosecutors alleged that Walmart had products past their expiration dates available for sale, including cough syrup, sunscreen and cosmetics, according to Local News Matters.
Earlier California cases had different terms
Save Mart paid $1.6 million to resolve a separate expired-products case, with $1.56 million in civil penalties and $40,000 in restitution; the company did not admit or deny liability. The investigation covered expired over-the-counter medications, baby food and infant formula on shelves dating back to at least 2018, and found no evidence of consumer harm, Grocery Dive reported. In a 2023 agreement involving CVS, a court order barred sales of expired over-the-counter drugs, infant formula and baby food; CVS was ordered to pay $6.5 million in penalties and investigative costs, plus $1 million in restitution, according to the Yolo County District Attorney’s Office.
