Save Mart Supermarkets to pay $1.6 million dollars to resolve claims they sold expired over-the-counter medications, baby food, and infant formula beyond “use by” dates

Sonoma County District Attorney Carla Rodriguez announced today the entry of a Stipulated Judgment by the Yolo County Superior Court to resolve a law enforcement consumer protection action against Save Mart Supermarkets, LLC, a California limited liability company that owns and operates retail grocery stores in California doing business as Save Mart, Lucky, Lucky California, FoodMaxx, and Maxx Value Food.  The case was filed in Yolo County Superior Court (Case number CV2024-0807) by the District Attorneys of El Dorado, Marin, San Joaquin, Solano, Sonoma, and Yolo counties.

The settlement resolves allegations that the defendant violated state health and safety laws restricting the sale of certain products past their expiration or “use by” dates.   

District Attorney Carla Rodriguez stated, “Consumers expect that the products they purchase at supermarkets are not expired, or beyond the “use by date” provided by the manufacturer of the product.  We are proud to partner with other District Attorneys around the State in bringing this important consumer protection action.”

A joint investigation found a recurring failure by the company to remove from its shelves expired over-the-counter (OTC) medications, baby food, and infant formula beyond their “use by” dates since at least 2018.  The company cooperated with the investigation.  Upon being put on notice of the violations found during the People’s investigation, Save Mart was cooperative and conducted internal checks for expired over-the-counter drugs, infant formula, and baby food which were past the “use by” date at all their California retail locations.  Save Mart further invested time and resources to prioritize the verification of expiration dates and re-train store personnel.  There was no evidence discovered by the People as part of their investigation that the sale of any expired or past the “use by” date products resulted in harm to consumers.

Without admitting or denying liability, Save Mart agreed to injunctive terms that prohibit additional violations of California law related to the sale or offer for sale of expired over-the-counter drugs, infant formula, and baby food past their “use by” date.  As part of the judgment, Save Mart was ordered to pay $1,560,000 in civil penalties and costs as well as another $40,000 in cy pres restitution to a trust that funds future consumer related prosecutions.  Save Mart operates more than 194 stores in California.

The District Attorney’s Office also encourages consumers to pay close attention to expiration dates when purchasing the types of items involved here.  This case was handled by Deputy District Attorneys Caroline Fowler and Dustin Hughson, and Chief Deputy District Attorney Matthew Cheever in our Environmental and Consumer Law Division.

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