Some CVS, Rite Aid Stores Still Selling Expired Products

First they were warned; now they've been served. 

State Attorney General Andrew Cuomo is suing CVS and Rite Aid for selling expired food, medication, and baby formula at stores across New York State.

On Wednesday, CBS 6 investigative reporter Steve Flamisch and intern Tristan O'Neill checked the expiration dates on dozens of products at three stores. They purchased outdated CVS-brand Antiseptic Mouth Rinse (expired November 2007) at the CVS on Saratoga Road in Glenville, and bought another bottled of expired mouth rinse (April 2008) and an expired package of Theraflu Daytime Severe Cold caplets (May 2008) at the CVS on Route 50 in Burnt Hills.

The undercover team found expired NyQuil and snack bars at the Rite Aid in the Clifton Park Plaza, but the store manager -- who had threatened to phone her boss after recognizing Flamisch -- raced from the office to the register to halt the sale of the items. She then scolded the cashier for failing to check the dates before making the sale.

Spokespeople for CVS and Rite Aid told CBS 6 the sale of any expired product is unacceptable. Rite Aid said its employees are being re-trained.

HARMFUL OR JUST NOT HELPFUL?

Over-the-counter medication may retain much of its potency after expiration, said pharmacist Dan Lange of Lange's Pharmacy in Niskayuna.

"If it's in the middle of the night, you have a screaming headache, and you have a Tylenol that outdated two months ago, if it (were) me, I'd take it." Lange said.

At worst, outdated medication that is stored under poor conditions can lose up to 10% of its effectiveness, Lange said.

"As long as it's physically not moldy or degraded in some way, more than likely it's just not going to help you (as much)," he said. "It's not going to harm you.'"

Baby formula and food are exceptions.