Pathmark's redemption policy required customers to present vouchers from its reverse vending machines to its cashiers for payment within 24 hours of issuance by the machine. After receiving two complaints from Pathmark customers who were denied their refunds because of a failure to comply with this new policy, the Office of Consumer Affairs of the County of Nassau investigated.
In June of 2003, an inspector employed by the respondent Nassau County Office of Consumer Affairs conducted an inspection of a Stop & Shop retail store located on Hempstead Turnpike in Levittown. The inspector discovered 132 items offered for sale whose product dates had expired. The expired items included energy bars, energy drinks, tooth paste, and over-the-counter tablets.