Dollar Store Chains Settle With NY AG James Over Sale of Outdated Products
The settlement is the result of an undercover probe by investigators from the Attorney General's Office, which visited stores owned by Dollar General and Dollar Tree over a two-year period to scope out the misconduct.
August 26, 2019 at 03:59 PM
4 minute read
Two chains of dollar stores in New York will pay $1.2 million to settle claims from the New York Attorney General's Office that they sold expired or obsolete products to customers, including medicine and motor oil, and failed to follow the state's bottle deposit law.
The settlement is the result of an undercover probe by investigators from the Attorney General's Office, which visited stores owned by Dollar General and Dollar Tree over a two-year period to scope out the misconduct.
New York Attorney General Letitia James said that, aside from the financial settlement, the agreement will ensure that neither chain continues to violate state law.
"It's a tough pill for New Yorkers to swallow that the over-the-counter drugs they were buying may have been expired," James said. "New York consumers have a right to expect that products on store shelves are safe, fresh and suitable for their advertised use."
Investigators found that several Dollar General, Dollar Tree and Family Dollar stores in New York had been selling over-the-counter drugs that were expired by months. It's illegal in New York to sell over-the-counter drugs past the date marked on the product's label.
At Dollar General, investigators also found store-brand motor oil that was obsolete, including oil that hasn't been suitable for most engines for decades, according to the Attorney General's Office. Those products were placed next to other brands that were fine for modern engines and excluded any warning about their use.
While Dollar General conceded Monday that it took immediate action to address medication that was past its expiration date, the company said in a response that it disagreed with investigators about the motor oil.
"We continue to believe that the DG-branded motor oil products at issue meet both the Company's standards for quality and value, but also all applicable federal and state labeling, marketing and placement requirements where they are sold," the company said.
Investigators also found that Dollar Tree and Family Dollar stores were not complying with a section of state law that requires retail stores to accept certain beverage containers for redemption. When they tried to bring compliant bottles to those stores, they were told that the store either didn't accept deposits or needed a proof of purchase, according to the office.
Dollar Tree, which owns Family Dollar, did not immediately return a request for comment Monday.
As part of the settlement, both chains agreed to create a system to track the expiration dates on merchandise delivered to their distribution centers, inspect and restock store shelves regularly, and conduct monthly audits of each store to check for expired products.
Each chain will also be subject to third-party audits at 10% of their stores in New York for at least a year.
Dollar General agreed to pay $1.1 million in restitution, damages, penalties and costs as part of the settlement. Dollar Tree agreed to pay $100,000.
Dollar General was represented by Noreen Kelly, a partner at McGuireWoods. Dollar Tree and Dollar Family were represented by Ronald Blum, a partner at Manatt, Phelps & Phillips.
READ MORE:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllEuropean, US Litigation Funding Experts Look for Commonalities at NYU Event
Trending Stories
- 12 Years After Paul Plevin Merger, Quarles & Brady’s Revenue Up More than 13%
- 2Trade Fixtures In New York Eminent Domain Cases - What Qualifies and How Are They Valued?
- 3Rule of Law: Is Big Law Too Shortsighted?
- 4The Empty Promise of ‘Dubin v. United States’
- 5Weil Partner Exits Raise Questions About Future Firm Leadership
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250