Kroger Inflated Prescription Drug Price Class Action Settlement: $17 Million

A lawsuit accuses Kroger of overstating its "usual and customary" (U&C) prescription prices by leaving out the lower rates it offered through its Savings Club, allegedly causing insured customers to overpay for prescription drugs. The claims include fraud, negligent misrepresentation, and unjust enrichment.

Kroger denies any wrongdoing, maintaining it properly reported retail prices as its U&C prices and that Savings Club rates, available only to paying members who meet certain conditions, don't count as "usual" or "customary." The settlement resolves the case with no admission or finding of liability by Kroger.

Right now, this is only a proposed settlement. A Court still has to grant final approval at a Fairness Hearing before any money is distributed.

You may qualify if, at any point from December 9, 2018 through August 23, 2026, you personally paid all or part of the cost for one or more prescription drugs filled at Kroger while using insurance, and you live in the United States or its territories. Exclusions apply, including judges connected to the case, Kroger's officers and directors, anyone who opts out, and anyone who has already sued or arbitrated Kroger over this same Savings Club pricing dispute.

To participate, you'll need to submit a Claim Form. If you received a notice from the Settlement Administrator, it will include a claim identification number, the claim website's first step asks for your "Notice ID and Confirmation Code" so you can file using that information. If you didn't get a notice but think you're eligible, you can still submit a Claim Form without one.

The form will ask you to confirm your membership in the Settlement Class and may require supporting documentation or purchase records. If you're classified as an "Unknown Claimant", meaning you're not already on Kroger's list of known purchasers, the Settlement Administrator will follow up to request that documentation. All Claim Forms must be signed under penalty of perjury, though the Administrator may contact you to fix any fixable errors on your submission.