My Pharmacy Won't Tell Me The Drug Expiration Date. Is That Legal?

In our latest question and answer, the pharmacist discusses a pharmacy's legal requirement to disclose the expiration date listed on a manufacturer bottle to a patient.

Question

I live in Colorado Springs and use Safeway’s pharmacy. I always request the expiration date on the pharmacy bottle to be added to my receipt. Now the pharmacy is refusing to do this. Don’t I have a legal right to know the expiration date on the pharmacy’s bottle? It has always been given to me in the past. Please advise. I look forward to your response. Thank you!

Asked by Jasmine On Jul 12, 2023

Answered by
Medical Content Reviewed By HelloPharmacist Staff

Published Jul 12, 2023
Last updated May 03, 2024

Key points

  • Laws vary by state but generally, pharmacies are not legally required to disclose the expiration date on the manufacturer's stock bottle/package, but they must include an expiration date on the pharmacy label of your prescription (which may differ from the manufacturer's bottle).
  • The expiration date on the manufacturer's bottle is intended for the original packaging, and once the medication is dispensed and placed in a different container, factors like light and temperature may affect its stability, making the manufacturer's expiration date unreliable.

Quick Answer

Although it is important to note that laws vary by state, pharmacies are typically not legally required to disclose the expiration date indicated on the manufacturer's stock bottle or package that hasn't been dispensed.

However, pharmacies are legally required to include an expiration date on the pharmacy label of your prescription (although it may not necessarily match the expiration date on the manufacturer's bottle from which the medication was dispensed).

Detailed Answer

This is a fantastic question and I appreciate you reaching out.

From the outset, it's important to mention that laws regarding prescription labeling requirements vary by state, including the requirements for expiration date labeling. Therefore, the following answer should be considered as a generalization based on common practices.

Regarding your specific question, it seems that you are looking for your pharmacy to provide you the expiration date printed on the manufacturer's stock bottle/package used to dispense your prescription, rather than the expiration date already listed on the pharmacy label.

It's important to note that pharmacies are generally not legally required to provide you with the expiration date from the manufacturer's bottle/package (as long as the actual bottle/package itself isn't being dispensed).

Colorado law, for example, states that the following:

The expiration date of the drug shall not be more than one year from the date it was dispensed. Unless it was dispensed in the manufacturer's original container and bears the manufacturer's original label and expiration date...
3 Colo. Code Regs. § 719-1-3.00.90

So, legally speaking, the pharmacy must provide the expiration date of your prescription on the label (a maximum of one year), but there is no requirement to provide the date that is on the manufacturer bottle (again, this is assuming the manufacturer bottle/package isn't itself being dispensed).

Stock Bottle Expiration Date Vs. Prescription Expiration Date

Regarding the difference between prescription expiration dates and manufacturer expiration dates (i.e., the date listed on your prescription label versus the manufacturer 'stock' bottle), most states have a legal requirement for a maximum expiration period of one year on prescription from the date of dispensing, even if the manufacturer's expiration date is further out. Therefore, the expiration date you have on your label likely won't match the expiration date of the manufacturer stock bottle.

This requirement for expiration dating is primarily in place to ensure patient safety and the effectiveness of the medication.

Even if you had an unopened manufacturer bottle/package dispensed to you, such as a birth control pack say, the expiration date on the actual label would likely be sooner than the expiration date listed on the package.

It's important to understand that the expiration date on the manufacturer's bottle is typically intended for a non-repackaged, dispensed product that remains in its original container under ideal storage conditions.

Once the medication is dispensed by the pharmacy and placed in a different container, such as a prescription bottle, the level of protection may not be the same as the original manufacturer's packaging. Factors like exposure to light, air, or changes in temperature during storage can affect the medication's stability, potentially shortening its shelf life.

Therefore, relying solely on the manufacturer's expiration date printed on the bottle may not be accurate or reliable once the medication is dispensed outside of its original packaging.

I do want to mention though that if the expiration date on a medication would occur sooner than one year from the date your prescription was dispensed, the expiration date on your label would have to be adjusted accordingly.

Why Is Your Pharmacy Refusing To Give You Manufacturer Expiration Dates?

Regarding your question about why your pharmacy may be refusing to provide the expiration date on the prescription "stock" bottle, it is likely that their refusal is due to workflow considerations.

Most pharmacy dispensing systems do not store individual expiration dates of the bottles used to dispense medication, and even if they do, it is not a standard practice to include those dates on prescription labels. It would be a manual process for the folks working to write those dates every time for someone.

While some pharmacies may provide this information upon request, it may require finding a pharmacy that is willing to accommodate such requests.

Final Words

Thank you for contacting us! I hope you found this information helpful, and I encourage you to continue working with your pharmacy to address any concerns and obtain the information you are looking for.

References

About the Pharmacist

Dr. Brian Staiger, PharmD

Dr. Brian has been practicing pharmacy for over 13 years and has wide-ranging experiences in many different areas of the profession. From retail, clinical, program development, and administrative responsibilities, he's your knowledgeable and go-to source for all your pharmacy and medication-related questions! Dr. Brian Staiger also has herbalist training and educational certificates in the field of medical ethnobotany. Feel free to send him an email at [email protected]! You can also connect with Dr. Brian Staiger on LinkedIn.

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