By The Chronicle Staff
Some Kroger pharmacy customers could be eligible to receive money from a proposed $17 million class-action settlement involving prescription drug pricing.
The settlement stems from 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 Kroger’s method of reporting its “usual and customary” prescription drug prices resulted in some customers who used insurance paying more for prescriptions than they otherwise might have paid.
At the center of the case is Kroger’s prescription savings program.
Plaintiffs allege Kroger should have considered lower prices available through its Rx Savings Club or Health Savings Club when determining the usual and customary prices submitted to insurance companies.
Kroger denies wrongdoing and maintains that its retail prices were properly reported. The court has not ruled that Kroger did anything wrong.
Under the proposed settlement, Kroger will establish a $17 million fund that will be distributed among eligible customers who submit valid claims.
Customers may qualify if they lived in the United States or its territories and paid all or part of the cost of at least one prescription at a Kroger-owned or operated pharmacy using prescription insurance benefits between Dec. 9, 2018, and Aug. 23, 2026.
Customers do not need to have been members of Kroger’s Savings Club to potentially qualify. Those who paid entirely out of pocket without using insurance are not included.
The amount individual customers could receive has not yet been determined.
Payments will depend in part on the amount each eligible customer paid for qualifying prescriptions and the total number of valid claims submitted. Attorney fees, administrative expenses and other court-approved costs will also be deducted from the settlement fund before payments are distributed.
Customers who believe they qualify must submit a claim by Dec. 21, 2026. Claims can be submitted online or by mail through the official settlement process.
Those claiming $8,000 or more in qualifying prescription payments will need to provide supporting documentation. Records could include pharmacy receipts, insurance explanations of benefits or other documents showing payments made for prescriptions during the settlement period.
Customers claiming less than $8,000 generally will not be required to submit documentation with their initial claim, although the settlement administrator may request additional information.
Customers who are unsure whether they qualify can still submit a claim. The settlement administrator can compare the information provided with Kroger's records and any supporting documentation to determine eligibility.
The settlement has received preliminary court approval, but is not yet final. A fairness hearing is scheduled for Jan. 11, 2027. Payments will not be distributed unless the court grants final approval and any appeals are resolved.
Customers who take no action may not receive a payment and could still be bound by the settlement, potentially giving up the right to pursue a separate lawsuit against Kroger involving the same pricing claims.
More information, including eligibility requirements, deadlines and the claim form, is available through the official settlement website:

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