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Walgreen Pharmacies’ One-Year Expiration Date Policy the Subject of Fraud Litigation

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Case ID: 3261 | Drugs / Medical | 03/22/2004

A class action filed against Walgreen Company on behalf of prescription purchasers who claim that Walgreen’s policy of placing its own expiration dates on prescriptions dispensed wrongly denied them the full and safe use of the medications. Allegedly, Walgreen placed expiration dates of one year from the date of purchase on purchased prescriptions. The action seeks unspecified compensatory damages.

The lawsuit alleges that on at least three specific occasions, Walgreens mislabeled the expiration dates of three prescriptions filled for two women. In two of those instances, the expiration dates were shorter than the actual effective life of the medications. For example, on a prescription for Albuterol filled at a Walgreen Willowbrook, Illinois, pharmacy on September 11, 2000, Walgreen, following its "use before" policy of 365 days, allegedly directed the patient to use the drug before September 11, 2001. The actual expiration date was June 30, 2002. Therefore, the labeling policy resulted in shortening the prescription's effective life from 649 days to 365 days.

The same thing allegedly happened with a prescription for Flovent filled at the same pharmacy on the same day-- the patient was directed to use the drug before September 11, 2001, when the actual expiration date was March 31, 2002, shortening the medication's effective life from 567 days to 365 days.

The action alleges that these seemingly isolated events is only the tip of the iceberg, exposing a systematic and fraudulent company policy that has existed for the last 10 years.

In response to the lawsuit, the company has changed its one-year labeling policy on medicines that are not repackaged at the pharmacy, and for those that are repackaged, the pharmacists are allegedly directed to point out the original manufacturer’s expiration date to customers.


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