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Answer: We will not discuss the pharmaceutical questions this question raises, which are not within our expertise.
Let us expand the question. Is it permitted to receive and return new medicine? The mishna (Bava Metzia 75a) forbids (Rabbinically) lending commodities in a way that obligates the borrower to return the same type and amount he received (se’ah b’se’ah). This is out of concern that the article’s price will increase and the borrower will have to return more value than he received, and it applies even if the article’s price remained unchanged.
Bemare Habazak - Rabbis Questions (654)
Rabbi Daniel Mann
495 - Bikur Cholim by Electronic Means
496 - Returning to a Gemach Newer Medicines than One Received
497 - Beracha on Hearing Aids
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Another heter applies to cases of warm relationships. The gemara (Bava Metzia 75a) rules that one may lend loaves of bread to a friend without stipulations. The Rama (YD 162:1; the Shulchan Aruch is somewhat stricter) rules like those who explain that small changes in the value of small quantities are not considered purposeful interest. It is difficult to know what he would say about a case like this. On the one hand, we are talking about kind people who run gemachs and their chesed "clients," but on the other hand, gemachs often have clear rules.
Both of these heterim are problematic when the borrower returns a clearly larger quantity than he borrowed (Torat Ribbit 7:(7); Brit Yehuda 17:(6).), and a clearly more valuable version of the same commodity is equivalent. It is hard to know what to say about this case. On the one hand, many people would not be willing to accept expired medicine. On the other hand, it is unclear that it has a lower price, as people who would buy it anyway, might be willing at the regular price. Furthermore, the service one gets along with the product affects its price (Pitchei Choshen, Ona’ah 10:(1)). If a business would sell under the conditions of a gemach (e.g., late at night, Shabbat), they likely could sell old medicine for at least the regular price.
The fact that you are not required to return with money may be helpful. The Shulchan Aruch (YD 162:1) rules that if one lent a commodity but set a price above which the borrower does not have to pay if the price goes up, then he may give back the commodity. Applying this concept to our case is too complicated to do justice in this context, both in regard to halachic complexity and the likelihood that it is impacted by nuances regarding the rules of the gemach (see Chavot Da’at (161:1), Netivot Shalom (p. 193-4) Divrei Sofrim, p. 71).
Regarding most gemachs, there is a strong leniency to rely upon. Rabbinic ribbit is waived when the lender is a charitable entity (Shulchan Aruch, YD 160:18). Poskim generally apply this rule broadly to gemachs (Torat Ribbit 20:26; The Laws of Ribbis 19:5; Brit Yehuda 17:(45) distinguishes between different types of gemachs). This likely applies to your case, whose potential violations are Rabbinic – se’ah b’se’ah and/or voluntary ribbit. This explains how many gemachs can encourage (not, require) donations from borrowers (Torat Ribbit 20:27).
Finally, many pasken that a borrower does not violate Rabbinic ribbit other than for causing the lender to sin (Rama, YD 160:1). Therefore, if a lender has what to rely upon, the borrower does not have to worry (see Netivot Shalom, p. 83). Considering all the above and the likelihood that what the gemach did was standard and that many gemachs have halachic guidance, you may follow their instructions.
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
