By Sarah Mirando  |  November 1, 2012

Category: Legal News
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Class Action Lawsuits Filed Over Bogus Drug Expiration Dates

By Matt O’Donnell

 

prescription drug expiration datesHave you ever thrown out a bottle of expensive prescription or over-the-counter medication because it had expired? Three class action lawsuits claim these are bogus dates made up by drug makers to generate billions of dollars in replacement sales, knowing full well that the drugs are good for years – even over a decade – after the “use by” date.

According to the class action lawsuits, Pfizer (which makes Advil), Bayer (which makes Bayer aspirin) and Johnson & Johnson (which makes Tylenol Cold Multi-Symptom medications) use “unconscionable, unfair, deceptive, unethical and illegal” methods to get consumers to throw away their products when expiration date has passed, even though the companies know “that if stored properly these medications can and do remain chemically stable, safe and effective long after those dates.”

As proof of the alleged expiration date scheme, the Plaintiffs cite studies by Harvard Medical School, Johns Hopkins University and the Food and Drug Administration that found 90% of more than 100 prescription and OTC drugs were perfectly good to use even 15 years after the expiration date. This excludes certain drugs like tetracycline, nitroglycerin, insulin, and liquid antibiotics.

The purpose of the scheme? “[T]o increase defendants’ sales and profits because consumers have to purchase replacement medications for those they have thrown out,” the class action lawsuits say, which are seeking actual and punitive damages for consumers that purchased products from Pfizer, Bayer and Johnson & Johnson.

So what should a consumer do if they reach for a bottle of expired Tylenol or prescription medication?

According to a Harvard Medical School article, “If the expiration date passed a few years ago and it’s important that your drug is absolutely 100% effective, you might want to consider buying a new bottle. And if you have any questions about the safety or effectiveness of any drug, ask your pharmacist. He or she is a great resource when it comes to getting more information about your medications.”

All three classes are represented by Richard S. Cornfeld in St. Louis.

 

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Updated November 1st, 2012

 

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4 thoughts onClass Action Lawsuits Filed Over Bogus Drug Expiration Dates

  1. rufus brown says:

    yes we have thrown away many drugs because we thought they were nogood

  2. Anonymous says:

    I take 11 prescriptions a month not counting OTC medications. I would love to be a part of this class action

  3. Anonymous says:

    wow i thrown out hundreds of prescription drugs just throw some out friday wow

  4. Anonymous says:

    OMG! I have thrown out hundreds of prescription medicine and OTC medicine over the years due to manufacturer expiration dates. I even asked my pharmacist and was told it wouldn’t hurt me, the drug would be less potent. What a huge scam!

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