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Legal Blog: Wal-Mart could be in hot water over expired formula


A pair of stories - infant formula in Texas and continuing tax issues in Connecticut.

First, from Texas. Texas Wal-Marts are asking customers to check the dates on any infant formula sold within the state, after the office of the Attorney General learned that the retail giant had been selling expired product. There doesn’t appear to be a lawsuit on the horizon...the AG’s office simply asked Wal-Mart to remove the expired formula from shelves, inform customers, and make restitution. That most likely means refunds, but state penalties are not out of the question either.

The second story comes from Connecticut, where the neverending double taxation story has gotten life breathed back into it yet again. Here is our most recent post on the subject. And this, from the Hartford Courant:

Sue Drobinski of New Britain says that despite Wal-Mart entering into an agreement to follow state laws on taxes involving even exchanges, its employees in New Britain are not following the law.

I sent her email to state Consumer Protection Commissioner Jerry Farrell Jr. this morning, who has responded that his legal department will contact Wal-Mart to bring up this and other similar complaints.

Read on for more on both stories…

Texas Wal Marts Asking Customers To Check Infant Formula [FOX KFDX 3]

The expiration dates apply to all formulas sold at any Texas Wal-Mart stores, and they want folks to double check them before they give them to their babies.

The action on behalf of the Texas Attorney General’s office came in mid-December.

Jerry Strickland

Texas Attorney General spokesperson

“The office of Attorney General took quick decisive action after we had learned that there was some expired formula at stores shelves at Wal Mart. We immediately asked Wal-Mart to get the expired formula off shelves, inform consumers about their action and make restitution.”

Warnings about the possible expired formula have now gone up at all three Wichita Falls Wal-Mart locations, asking customers to check their expiration dates and return expired items.

Daphne Moore

Wal-Mart spokesperson

“We are working with state regulators to address their concern, there is not a recall on infant formula.If a customer purchased formula after the expiration date, we do encourage them to return any expired formula packages or cans to any Wal Mart store in Texas for a refund or even exchange even if the package has been opened or used.”

Jerry Strickland

Texas Attorney General spokesperson

“Wal Mart is making notices to consumers at their stores statewide and will continue to do so. I mean, this is really a great opportunity just for parents to be aware of not only the expiration dates on formula and products like that but any product in general that they’re providing to their families.”

Wal-Mart representatives tell us they’ll keep the notices posted until the problem is resolved.

Infant formula and some baby foods are the only food products that are required by federal law to have expiration dates because they lose nutrients after expiration and could be harmful to infants.

Wal-Mart continues to violate Ct tax laws despite promise to obey [Hartford Courant]

Sue Drobinski of New Britain says that despite Wal-Mart entering into an agreement to follow state laws on taxes involving even exchanges, its employees in New Britain are not following the law.

I sent her email to state Consumer Protection Commissioner Jerry Farrell Jr. this morning, who has responded that his legal department will contact Wal-Mart to bring up this and other similar complaints.

This is her email:

“I just wanted you to know that Wal-Mart still has not received the message that sales tax cannot be charged on an even exchange.

I recently purchased a product that, once I opened it, I realized that someone had removed the original “branded” item and replaced it with the Wal-Mart generic item.

Wal-Mart did let me do an even exchange for the item, but said I needed to pay the $.57 sales tax.

I mentioned that this was against the law, but the clerk assured me that was ONLY if I had a receipt.

I gently pressed this response, but she again stated that I needed the receipt to not have to pay the tax.  It wasn’t worth an argument for 57 cents, but I felt that Wal-Mart still doesn’t get the message that they are doing something illegal.

The Wal-Mart where this occurred was located on Farmington Avenue in New Britain.

Posted by Corey Himrod on Wednesday, January 07, 2009

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COMMENTS

How is it that expiration dates are not included in the scanning process,at in-store level-either by stock persons or checkout cashiers ?

ddrb in
Thursday, January 08 at 10:49 AM

WASHINGTON (AP) — In an unusually blunt letter, a group of federal scientists is complaining to the Obama transition team of widespread managerial misconduct in a division of the Food and Drug Administration.

“The purpose of this letter is to inform you that the scientific review process for medical devices at the FDA has been corrupted and distorted by current FDA managers, thereby placing the American people at risk,” said the letter, dated Wednesday and written on the agency’s Center for Devices and Radiological Health letterhead.

. . .

The FDA declined to publicly respond to the letter, but said it is working to address the concerns.

In their letter the FDA dissidents alleged that agency managers use intimidation to squelch scientific debate, leading to the approval of medical devices whose effectiveness is questionable and which may not be entirely safe.

“Managers with incompatible, discordant and irrelevant scientific and clinical expertise in devices...have ignored serious safety and effectiveness concerns of FDA experts,” the letter said. “Managers have ordered, intimidated and coerced FDA experts to modify scientific evaluations, conclusions and recommendations in violation of the laws, rules and regulations, and to accept clinical and technical data that is not scientifically valid.”

A copy of the letter, with the names of the scientists redacted, was provided by a congressional official.

“Currently, there is an atmosphere at FDA in which the honest employee fears the dishonest employee, and not the other way around,” the scientists wrote.

Read more: http://www.google.com/hostednews/ap/article/ALeqM5gfVw6…

ddrb in
Friday, January 09 at 12:41 PM

1. stockpersons caqn’t keep up with computers :).

2.  melamine is a proteanase byproduct (DID i spell is wright ddrb.)?.

3.  2 Billion Cash; settles aside.

4.  New Administration - quest direction.

P.S.  How do you say direction in Latin.?.”?.

Anonymous in usa.com
Sunday, January 11 at 02:43 AM

fuck this poetry - for my time is short. dying as i am.

and what would would it matter;

of liars - lawyers - hopefuls - and those content.

of climes cold; and hedges to be cut.

what would it matter;

to care;

of empa................

of others.

to take tests.

and learn - simply - from tv.

sooo long ago.

so it’s Anna’s Poem..  (continued).

“Yes maam,” Yuri responded.

He heard nothing; after the moment; after all those years.

“Yes ma’am, (he yelled it now).”.

Others on the bridge looked at him.

He went to her - her hair was soo gray - he had never seen that before.

“Ma’am - Captain - ............. mother - .

(he whispered close);

thank you.

soo much.

leading us home.

It was space - the milkiway; the ship intact and tattered;

bubblegummed and ducttaped.

Improvements made (they would be learned about later);.

..............................

“Carry her - closely.”.

“Yes Sir -

......................

They did.

...................

“Orders - Captain.>?”.

...................

pin drop quiet.

........................

“Orders - Captain..?”.

...............................

Current Course - slow speed -

....................................

..

Anonymous in usa.com
Sunday, January 11 at 02:53 AM

Simple questions.

Name any island; north of new jersey; usa;

name 50 or 52 states;

whatever language require ‘

........................

hmmmmmmmmmmmmm;ph.

.............................

Yuri was now at her side;

“why now [ why now?.

.

She breathed;

held his face in her hand;

.

hmmmmmph.

ummmmmmmmmmph.

.

“why not.”..

“why not.”.?

d .

her voice was soo weak;

and it was the last of it.

Yuri turned;

so noone could see;

.......

Again he turned.

His voice was strong now;

And the all of the crew saw it ................

For he asked - and did not .

His streaming tear.

................

He paused -[ as all.

Anonymous in usa.com
Sunday, January 11 at 03:32 AM

She whispered;

i have something to tell you - son.

.

uuuuuuuuuuughy.

it’s soo simple.

.

for all; to remember - not me - themselves.

cough cough;

each and ever ..........

..........

cough ..........

each and every one;

requires.

.cough cough cough.

.....................

and that was truly her last breath.

Anonymous in usa.com
Sunday, January 11 at 03:38 AM

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