Can a Store Sell Expired Vitamins? The Legal and Safety Answers

December 20, 2025 •

3 min read

While the FDA does not require expiration dates on dietary supplements, many manufacturers provide them. This brings up a critical question for consumers: Can a store sell expired vitamins? The answer involves legal distinctions, safety considerations, and knowing what the date on the bottle truly signifies.

Quick Summary

Stores can legally sell expired vitamins in some areas, but they must be properly labeled. Expired supplements primarily lose potency, though some forms can become less stable over time.

Key Points

Legality Varies: It is often legal for stores to sell expired vitamins, as the FDA doesn't mandate expiration dates for supplements like for drugs, but state laws can differ.
Potency is the Primary Issue: Expired vitamins primarily lose their strength and effectiveness over time, meaning you may not get the intended nutritional benefit.
Generally Not Toxic: Consuming expired vitamins is unlikely to cause harm unless they show signs of degradation like mold or strange odors.
Check the Label: Consumers should always check for 'Use By' or 'Best By' dates, and be cautious when purchasing from discount or online retailers where quality control may be less strict.
Dispose of Safely: The FDA recommends mixing unwanted supplements with coffee grounds or cat litter and sealing in a bag before disposal to prevent accidental ingestion.
Know Your Needs: Individuals with specific nutritional needs, like pregnant women, should never rely on expired vitamins for their nutrient intake.
Fat-Soluble vs. Water-Soluble: Water-soluble vitamins (B and C) lose potency faster than fat-soluble ones (A, D, E, K), while liquid or gummy forms are less stable than tablets.

The Legal Landscape: Is It Permissible?

The legality of selling expired vitamins in the U.S. is complicated. Dietary supplements are regulated by the FDA as food, not drugs. The FDA does not mandate expiration dates on supplements, but if a manufacturer includes one, they must ensure the product meets label claims until that date with proper storage. Selling an expired vitamin isn't a direct federal violation if the date is accurate and not misleading. However, state and local laws may prohibit selling expired items. Some states have consumer protection laws to prevent deceptive practices, even if the buyer knows the product is expired.

The 'Best By' vs. 'Use By' Distinction

Vitamins usually have 'Best By' dates, indicating when quality and potency are best, not a safety cutoff. 'Use By' dates are for perishable items with safety concerns after expiration. A 'Best By' date signifies when the manufacturer no longer guarantees the listed potency.

The Science of Expiration: Potency vs. Safety

For most vitamins, expiration means a loss of potency, not safety. Vitamin ingredients degrade from exposure to air and moisture over time.

What Happens to Vitamins Over Time?

Reduced Potency: The amount of active ingredients decreases. An expired multivitamin may have fewer nutrients than claimed.
Degradation: Oils in supplements can become rancid.
Moisture Damage: Tablets and gummies can absorb moisture, degrading ingredients.

Are Expired Vitamins Dangerous?

Taking most expired vitamins is not toxic. There are no reports of serious harm from expired vitamins. The main issue is their lack of effectiveness. However, discard any supplement that looks or smells spoiled.

Risks of Taking Expired Vitamins

The primary risk is that expired vitamins won't provide the intended health benefits due to reduced potency.

Nutrient Deficiency: Relying on expired supplements for a deficiency may not provide enough nutrients.
Wasted Money: Expired supplements may not offer any health benefits, making them a poor investment.
Suboptimal Health Support: Using less potent products means you aren't fully supporting your health goals.
Contamination Risk: Poor storage can rarely lead to mold or bacteria, making the product unsafe.

Navigating Retail Purchases

Be cautious when buying vitamins. Policies vary greatly among retailers.


Store Type	Policy on Expired Vitamins	Consumer Action
Major Pharmacy Chains	Usually have strict policies against selling expired items.	Check dates, but generally more reliable.
Discount Retailers	Policies differ. May sell expired items, potentially without clear labeling.	Check labels carefully; be wary of deep discounts.
Online Marketplaces	High variability and risk. Depends on individual sellers; quality control is difficult.	Check seller reviews and product details. Inspect items upon delivery.
Health Food Stores	Generally prioritize quality, but smaller stores might have less rigorous inventory checks.	Check dates and ask staff about policies.

How to Handle Expired Vitamins

Dispose of expired vitamins properly for safety and environmental reasons.

Proper Disposal

The FDA recommends specific disposal methods. Drug take-back programs are ideal. If unavailable, mix vitamins with something unappealing like coffee grounds or cat litter, seal in a bag, and put it in the trash.

Consumer Rights

If you buy an expired product without knowing, you have consumer rights. First, try returning it for a refund or exchange. If unsuccessful, file a complaint with your state's consumer protection office or the Better Business Bureau. Keep receipts and document the product and date.

Conclusion

While legally possible in some contexts, selling expired vitamins is problematic. The main issue for consumers is the loss of potency, making supplements ineffective. Relying on expired vitamins, especially for deficiencies, is not advisable. By understanding the difference between potency and safety and checking dates, consumers can make informed choices for their health. For more information, consult the FDA Dietary Supplement Labeling Guide.

Frequently Asked Questions

It is not uniformly illegal. Federal law doesn't strictly regulate expiration dates for dietary supplements like drugs, so state and local consumer protection laws typically govern such sales.

The primary risk is loss of potency, meaning the vitamin's active ingredients have degraded and may not provide the intended nutritional benefit.

It is highly unlikely for expired vitamins to become toxic. However, they should be discarded if they show signs of moisture, discoloration, mold, or a strange odor.

Always check the label for a 'Best By' or 'Use By' date. If the bottle lacks a date or if the contents have changed in color, texture, or smell, it's best to discard them.

Yes. Water-soluble vitamins (like B and C) and liquid or gummy formulas tend to lose potency faster than fat-soluble vitamins (like A, D, E, K) and tablets.

You should first attempt to return the product to the store. If the retailer won't accept the return, you can report the incident to your local consumer protection agency.

The FDA recommends mixing them with an unpalatable substance like coffee grounds or cat litter, sealing the mixture in a bag, and throwing it in the household trash.

No, the FDA does not 'approve' dietary supplements for safety and efficacy before they are marketed. Manufacturers are responsible for ensuring their products meet regulations.