CFC to Governor: Sign AB 1512 - Protect Consumers from Expired Baby Food and Over the Counter Medicine

Governor Arnold Schwarzenegger
State Capitol
Sacramento, CA 95814

Re:  AB 1512 (Lieu) – Request for Signature

Dear Governor Schwarzenegger:

The Consumer Federation of California urges you to sign into law AB 1512 (Lieu).

AB 1512 would prohibit a retailer from selling infant formula or baby food after the printed “use by” date that is required under federal law. This bill also prohibits retailers from selling over the counter drugs after the printed expiration date that is required under federal law.

The “use by” date serves an important health and safety function for baby food and infant formula. The date informs retailers and consumers that the infant formula or baby food, until that declared date, will contain the quantity of each nutrient as specified on the label and that the formula or food is otherwise of an acceptable quality.

The manufacturer has determined that after the infant formula or baby food has passed its "use by" date, it may no longer provide the nutrient levels that are printed on its label, and babies that consume these products may not receive sufficient nutrients for proper health and development.  “Use by” dates on infant formula also guarantee that until that date the product’s ingredients will not separate and clog the nipple of a baby bottle.

Expiration dates on over the counter medicines are established to assure consumers that the medication will maintain its stability, strength and purity until that date. Consumers rely on expiration dates when purchasing over the counter medications for assurance that such medications will serve their intended purposes.  

Despite federal law requiring these dates, there is no prohibition against a retailer selling these products after the manufacturer’s guaranteed date of quality and effectiveness has expired. Last year, California’s Attorney General investigated a large retail pharmacy chain and found repeated instances where these products were offered for sale on their shelves as long as six months after the “use by” or expiration dates. In some cases, additional labeling was added to obscure the “use by” or expiration date on the packaging.

California’s consumers should be entitled to purchase medications that are safe and effective. Our parents and children deserve assurances that baby food is nutritional and healthy.

AB 1512 will protect consumers by insuring that these products are not sold after the date that the manufacturer has determined is the final date on which the product is proven to be safe and effective, or nutritional.

We urge you to protect consumers by signing AB 1512 into law.