Kroger Agrees to $17 Million Pharmacy Overcharging Settlement

The Kroger Co. agreed to a proposed $17 million class-action settlement to resolve a federal lawsuit, Kirkbride et al. v. The Kroger Co., filed in the U.S. District Court for the Southern District of Ohio. The lawsuit alleges the company overcharged insured customers for generic prescriptions between December 2018 and August 2026 by using misleading usual and customary pricing.

Plaintiffs claim the company failed to factor in lower prices offered by its Kroger Savings Club, which increased out-of-pocket costs for customers. Kroger denies any wrongdoing, asserting that it correctly reported retail prices and that discounted rates were only available to paying members of its savings club.

Eligible customers, including those who used Mariano's pharmacies, must have used prescription insurance benefits to qualify. Qualified members can file for a prorated payment online or by mail until December 21, 2026. While individual payouts are not expected to exceed $5,000, claims of $8,000 or more require supporting documentation such as pharmacy receipts or insurance explanations of benefits.

The settlement still requires final judicial approval. If approved and appeals are resolved, payments will be distributed within 120 days. Failure to file a claim may result in the loss of the right to file a separate lawsuit regarding these pricing issues.