Investigators later returned and bought expired goods in 39 percent of CVS stores and 22 percent of Rite Aid stores statewide.
Across New York City, 50 percent of CVS Stores and 40 percent of Rite Aid Stores were still selling outdated goods.
Rite Aid Corp. agreed Monday to pay New Jersey up to $650,000 to settle a suit similar to the one Cuomo announced Tuesday.
CVS spokesman Mike DeAngelis said the company is removing expired products.
"The findings are unacceptable, and we will immediately retrain those stores on our procedures," said Cheryl Slavinsky, a Rite Aid spokeswoman.
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On the Net:
Attorney general's office: www.oag.state.ny.us
Rite Aid: http://www.riteaid.com
CVS: www.cvs.com
