UPDATE: Kmarts In Brick And Toms River Offered Expired Items For Sale

Fines, increased inspections required for big box retailer

Kmarts in Brick and Toms River were found to have sold or offered for sale expired infant formula and non-prescription medications, officials say.

As part of the discovery, 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.

The big box store company has been found to have sold, or offered for sale, at least 10 expired items at the Brick store on Route 88, and seven items at the Toms River store on Route 37, court documents say.

During inspections, inspectors found 257 packages of infant formula, as well as non-prescription medications, that were between nine months to 29 months past the expiration date, but still available for purchase on the shelves at 19 stores in 13 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 monthlong 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.

The expired items were found in stores located in Atlantic, Bergen, Burlington, Camden, Cape May, Essex, Gloucester, Mercer, Monmouth, Morris, Ocean, Passaic and Somerset counties.

George January 15, 2013 at 12:15 AM
And Sears is on the way out of business soon. The whole chain will "expire."
rich January 15, 2013 at 12:48 AM
what losers. you people leave your comments then consistently come back to check them. people sitting on their asses all day going back and forth on this retarded message board.
common sense January 15, 2013 at 12:48 AM
Toms River is fancy? When did that happen?
Colleen January 15, 2013 at 12:50 AM
@AV No ignoramus, wrong again. That horrendous frothing foam of self loathing pooling in the corners of your mouth has now spilled out and all over the internet. Your version of white trash is really quite interesting. Going forward you may want to wipe that up before someone like me can locate your IP address in the HTML code on this website so I can let your neighbors know how unbelievably stupid you are and how often you shop in KMART for Tucks Roid Pads and mouth wash. Get a life before you make blanket generalizations, turdbag. And stay the hell out of KMART if you take issue with the employees and customers.
Stay at home mama January 15, 2013 at 01:22 AM
Pay attention to where you shop. Why buy food at K-mart? The Shop Rites mentioned in the comments are Saker owned. Try a Perlmutter store.
Dave Sleeper January 15, 2013 at 01:24 AM
"Give us your tired, your hungry and your poor, that yearn to breath free air." And let em loose in K-Mart! Is that for real?, "Kmart will donate $25,000 worth of infant formula to charity," Can't wait to stuff my kid full of 3 year old baby formula.
sick of snow January 15, 2013 at 01:58 AM
must be the mayors fault
Bill January 15, 2013 at 02:57 AM
so don't buy it !! Duuuhhh !!!
Bill January 15, 2013 at 03:00 AM
so now we have a whole new beauracracy of government reading the labels for people who can't read... isn't socialism great ??!!
Bill January 15, 2013 at 03:07 AM
OH comon now JC78 !!! That sounds like too much personal responsibility !!!.... do you actually expect people to be able to read ??!!.. Remember, you'll feel better in this life today if you can blame all your shortcomings on someone else... it was probably Bush's fault anyway !!
Bill January 15, 2013 at 03:18 AM
There's still at least one good thing about this country... nobody is forcing you to buy anything !!\...oooops ! sorry... forgot about OBAMACARE !!!!
Bill January 15, 2013 at 03:19 AM
...no it's Bush's fault !!...LOL!
BN January 15, 2013 at 03:55 AM
There's no nuts in Choc Full O Nuts...WTF?
BN January 15, 2013 at 03:59 AM
What did you expect? Look who is teaching them? The NJEA. And pothead parents don't help the situation either.
Slippery Slope January 15, 2013 at 04:21 AM
Let them sell the expired food, but please ban them from selling spandex leotards to their morbidly obese female customers.
Tom Cular January 15, 2013 at 05:25 AM
Tom Cular January 15, 2013 at 05:37 AM
The Shop Rite in Brick has gone downhill since former management was moved to other stores. I knew Sakers when they had 1 store in Freehold, big difference today!!
lady4string January 15, 2013 at 06:27 AM
who goes there anymore it smells like feet
Mark Story Jenks January 15, 2013 at 10:33 AM
The comments on this are hilarious!
Craig January 15, 2013 at 10:47 AM
Singer your right I don't do the cooking. I have a bitch at home to do it just like your husband does.
David January 15, 2013 at 01:12 PM
Who got Kmart in their sights. Try any food store and the fines should be the same! Over a year ago I went to a local big chain food store and they had applesauce on sale. It was green for the Shrek movie. Cool. Just before checkout I just happened to notice that this stuff was 6 MONTHS expired date. I went back to the aisle and they had 1/2 a shelf full of expired applesauce. I complained to Customer service and got the run around. Sorry sir, we will pull that off the shelf.
ed mays January 15, 2013 at 04:37 PM
36mike-....and convenience stores who don`t label price their goods on shelves and even in dairy and at times milk which hasn`t met it`s sell by date still can smell bad...just a waste of money. Speak up and complain. And another...some delis out there still do not require employees to wear latex gloves when preparing sandwiches...gross! Where are the state laws and inspectors to catch all this?
MTBottle January 15, 2013 at 04:41 PM
Evernotice January 15, 2013 at 08:46 PM
I always read the labels and have noticed expired foods but Wal-Mart has burned me twice with returned items being put back on the shelf. I even check the tape or staples on the box and they always look factory so Wal-Mart is going out of its way to put damaged goods back on the shelf. The reason I know these items were returned once already is because one of the items still had someone’s screwdriver in the box that they used to put batteries in the toy. lol
J.JONES January 15, 2013 at 09:28 PM
@Ex Employee I said managers at $15 per hour and Employees at $10...read slowly ...and I agree store is a mess water leaks on sales floor...
J.JONES January 15, 2013 at 09:32 PM
@Cammi they don't have a deli that sells cold cuts by the slice only packaged cold cuts with sell dates.Again read the labels and date codes...
Sandra January 15, 2013 at 11:42 PM
Craig, I was eating Little Debbies and wondered why the bars were so crumbly and stale. Then I looked at the package (four day old purchase) and the Little Debbies bars were over a year old. Back to Shop Rite (Bayville) went over to the aisle and looked at their shelf and sure enough packed almost to the front was old old Little Debbies. Besides that, there are LIVE birds flying around the store too. Those birds (I was told live there because they can't catch them).
John E January 16, 2013 at 01:33 AM
K-Mart isn't going to be around long anyway, plus their parent store Sears..both be history within two years.
read bull January 16, 2013 at 01:51 AM
I know that- i'm speaking of all these local deli dives - how do you know if theyre preparing their dishes with fresh food, or outdated cold cuts on your sandwich?
BrickGuy January 16, 2013 at 03:49 AM
While the stores are ultimately responsible, the mistake they make is counting on outside sales/service organization often referred to as 'brokers' to rotate and pull products that are close too or out of date. The reliance is so great that the store personnel know they aren't responsible and don't check themselves. With Obamacare coming on board, expect the stores and the service companies to cut back hours and make the situation even worse.


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