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October 2003

Expired Health Care Products -- New Regulation

It shall be a deceptive trade practice for a merchant to offer for sale or to sell over-the-counter health care products to consumers for use by consumers or their pets which bear an expiration date and which have passed the expiration date on the package designated by the manufacturer.

Health Care products shall include, but not be limited to, all medications to be taken internally or topically, skin care products, vitamins, dietary and nutritional supplements and other products marketed to benefit the health and well-being of consumers or their pets.

In addition to the penalties for deceptive trade practice violations, the Commissioner may order merchants found to have repeatedly offered for sale or sold expired items as designated herein shall post for three months on all entrance doors of the store in letters of at least 20 point type stating:

"This Store Has Been Found To Offer Outdated Health Care Products To Consumers. All Consumers Are Warned To Inspect the Labels Of All Items Purchased Here For An Expiration Date Which Has Passed And Are Asked To Report Any Expired Items To The Nassau County Office Of Consumer Affairs Immediately. Please Call 571-2600."

Each item found to violate this Regulation shall be deemed a separate violation.