Kroger pharmacy customers could qualify for a share of a proposed $17 million settlement over claims the grocery chain overcharged some customers who used insurance to pay for prescriptions.
The lawsuit, filed in January 2021 in U.S. District Court for the Southern District of Ohio, claims Kroger failed to report lower Kroger Savings Club prices to insurers, causing some customers to overpay for prescriptions. Kroger denies wrongdoing and maintains that its discounted Savings Club prices did not have to be included in the prices it reported to insurers.
The proposed settlement would create a $17 million fund for eligible customers. It has received preliminary court approval but still needs final approval before payments can be distributed.
Eligible customers living in the U.S. or its territories could qualify if they paid all or part of the cost of at least one prescription at a Kroger pharmacy using insurance between December 9, 2018, and August 23, 2026. Customers do not have to be Kroger Savings Club members to qualify. The settlement covers prescriptions filled at Kroger-owned or operated pharmacies and its affiliates.
People who paid entirely out of pocket are not eligible.
Payouts will depend on each claimant’s prescription costs and the number of valid claims after fees and expenses are deducted. Up to one-third of the fund could go to attorneys’ fees, plus $610,325 in legal expenses and $5,000 each for the named plaintiffs, according to the settlement website.
Eligible customers must file a claim online or by mail by December 21, 2026 to receive payment.
Customers who claim they paid $8,000 or more for qualifying prescriptions must provide documentation, such as receipts, insurance records or other proof of payment. Those seeking less than $8,000 generally do not need to provide documentation upfront, though the settlement administrator could request it later.
If a customer does not file a claim, they likely will not get any money, but could still be giving up their right to sue Kroger separately over the same pricing issue.
A court hearing on the proposed settlement is scheduled for January 2027. No payments will be made unless the settlement receives final approval and any appeals are resolved.
The Independent has contacted Kroger for comment.
