New York State will sue CVS and Rite Aid pharmacies for selling expired food, medicine and baby formula even after warnings from state officials.

Attorney General Andrew Cuomo’s office reported earlier this month that the national pharmacy chains were selling expired products.

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 Across New York City, 50 percent of CVS Stores and 40 percent of Rite Aid Stores were still selling outdated goods.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 says the company is removing expired products. Officials at Rite Aid did not immediately return calls.

(Source: WNBC)