FOR IMMEDIATE RELEASE                                                                    June  14, 2007

WESTCHESTER CITES KMART FOR “ITEM PRICING” VIOLATIONS

Retailer fined $15,000

            County Executive Andy Spano today announced that retail giant Kmart has paid a fine of $15,000 for violating Westchester’s item pricing law.

            “Westchester’s law is clear: Items on store shelves must be clearly marked with a price tag, so consumers can verify how much an item costs and be sure that they are being charged the correct price at the checkout register,” said Spano. “As this case shows, we take action against those who violate this law.”

            Inspectors from the Department of Consumer Protection found that 79 percent of merchandise on display at the Kmart store in Greenburgh were not item-priced. Unmarked items included kitchen utensils, appliances, tools, cosmetics, garden products and toys. Many unmarked items were from the Martha Stewart Everyday line of products.      

            A prior inspection at the Kmart’s Greenburgh store in July 2006 found a 70 percent non-compliance  rate, at which time the store was fined $10,000. An inspection at Kmart’s Yorktown store in January found a 63 percent non-compliance rate, which resulted in a $5,000 fine.

“Kmart’s level of compliance with our item pricing law is unacceptable,” said Gary Brown, director of Consumer Protection. “We will continue to monitor their stores. If we do not see improvement, more severe enforcement action will be taken.”

            Brown added,  “Retailers who fail to individually price their merchandise are violating the law and hindering the ability of consumers to comparison shop for the lowest prices. Violation of Westchester’s item pricing law will not be tolerated.”

            Consumers with complaints about a store’s failure to item price should notify the Department of Consumer Protection by calling (914) 995-2155 or by logging onto www.westchestergov.com.