Kroger Savings Club Settlement: $17M Prescription Pricing Class Action
Kroger Savings Club Prescription Pricing Class Action Settlement
Kroger has agreed to pay $17 million to settle claims that it inflated its usual and customary prices for prescription drugs by not factoring in its Kroger Savings Club discount prices. Class members who paid out of pocket for one or more prescription drugs at Kroger using insurance between December 9, 2018, and August 23, 2026, can file a claim for a pro rata share of the settlement fund. Kroger denies any wrongdoing.
Settlement fund
$17M
Common fund
Top payout
Pro rata share
Based on your out-of-pocket Kroger Rx spending
Claim deadline
Dec 21, 2026
154 days remaining
You may be owed money
Filing is free and takes a few minutes. Deadline: Dec 21, 2026.
Do you qualify?
You are a Class Member if ALL of the following apply:
- You paid, in whole or in part, out of pocket for one or more prescription drugs from Kroger using insurance benefits at any time from December 9, 2018, through August 23, 2026.
- Kroger includes The Kroger Co. and all pharmacies it owns or operates, including its affiliated banners.
- Excluded: Kroger's officers and directors, presiding judges and their families and staff, individuals who validly opt out, and anyone who has separately sued or arbitrated against Kroger over the same Savings Club pricing issue (unless voluntarily dismissed without prejudice).
Not sure if you qualify? Call the Settlement Administrator at (888) 535-4262, or visit KrogerSavingsClubSettlement.com.
What happened
Plaintiffs alleged that Kroger inflated its usual and customary (U&C) prices for prescription drugs by not considering the discounted prices it charged members of its Savings Club program when setting its U&C prices, allegedly causing insured customers to pay more than they should have for their prescriptions. Plaintiffs brought claims for fraud, negligent misrepresentation, and unjust enrichment.
Kroger denies any wrongdoing and maintains it correctly reported its retail prices as its U&C prices, arguing that Savings Club prices, available only to members who pay an annual fee and meet other conditions, are not its usual or customary prices. The parties settled to resolve the case, with no finding of liability against Kroger.
How to file a claim
-
1. Confirm you are eligible
You must have paid out of pocket for one or more prescription drugs from Kroger using insurance benefits at any time from December 9, 2018, through August 23, 2026.
-
2. Tally up your claim
Estimate your total out-of-pocket spending on Kroger prescriptions during the class period. The Claim Form asks you to select a spending range; claims of $8,000 or more require supporting documentation such as receipts, insurance statements, or pharmacy records. Payments are calculated pro rata based on the size of your claim relative to all valid claims.
-
3. File online or by mail
Submit the Claim Form online at krogersavingsclubsettlement.com by December 21, 2026, or mail a completed and signed paper Claim Form (postmarked by December 21, 2026) to: Kroger Savings Club Litigation Settlement, Attn: Claim Forms, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103.
-
4. Receive your payment
Payments are issued after the Court grants final approval at the January 11, 2027 Fairness Hearing and any appeals are resolved. The initial distribution is expected within 120 days of the Effective Date. Payments are sent digitally (PayPal, Venmo, Zelle, ACH, or a virtual prepaid card) unless you request a paper check.
Key dates
- Oct 22, 2026 Opt-out & objection deadline Upcoming
- Dec 21, 2026 Claim filing deadline Upcoming
- Jan 11, 2027 Final Fairness Hearing (10:00 a.m. ET, in person) Upcoming
- TBD after final approval Payments issued to claimants Pending
The Fairness Hearing is scheduled for January 11, 2027 at 10:00 a.m. ET before Judge Algenon L. Marbley at the U.S. District Courthouse, 85 Marconi Boulevard, Columbus, OH 43215. The date and time may change, so check KrogerSavingsClubSettlement.com for updates before traveling.
Where the money is going
This is a non-reversionary common fund of $17 million. Court-approved attorneys' fees, litigation costs, service awards, and notice and administration expenses come out of this amount before the remaining Net Settlement Fund is distributed to Settlement Class Members on a pro rata basis.
All amounts listed above are Class Counsel's requested deductions and are pending final Court approval at the Fairness Hearing. The Court may award less than the amounts requested. Individual payments depend on the total value of all valid claims submitted and will be reduced on a pro rata basis if claims exceed the Net Settlement Fund.
Common questions
How much money will I receive?
Payments are calculated pro rata: each valid claimant's share equals their Recognized Claim amount divided by the total Recognized Claims of all valid claimants, multiplied by the Net Settlement Fund. There is no fixed per-person amount, and filing a claim does not guarantee a specific payout.
Do I need to submit proof of purchase?
Claims under $8,000 do not require documentation upfront, though the Settlement Administrator may request proof later. Claims of $8,000 or more must include supporting documents such as itemized receipts, insurance statements, cancelled checks, or invoices showing the amount you paid for Kroger prescriptions.
What if I didn’t receive a notice?
Yes. If you believe you are a Settlement Class Member but did not receive a notice or claim ID number, you can still file a Claim Form at krogersavingsclubsettlement.com. The Settlement Administrator may classify you as an “Unknown Claimant” and ask you to provide documentation supporting your purchases.
Does staying in the class affect my right to sue later?
Yes. Unless you exclude yourself (opt out) by October 22, 2026, you release your legal claims against Kroger related to its U&C pricing and Savings Club program, and you cannot separately sue Kroger over these claims, even if you don't file a Claim Form.
When will payments be sent out?
Payments are expected to begin within 120 days after the Effective Date of the Settlement, which follows final Court approval at the January 11, 2027 Fairness Hearing and the resolution of any appeals. Appeals can take a year or more to resolve.
Dapeer Law, P.A.
Consumer class action attorneys based in South Florida. We track settlements so you don’t have to.
Similar open settlements
This page is for informational purposes only and does not constitute legal advice. Dapeer Law, P.A. is not the administrator of this settlement and is not affiliated with The Kroger Co., Angeion Group (the Settlement Administrator), or Class Counsel Joseph I. Marchese and Andrew Obergfell of Bursor & Fisher, P.A., Joshua D. Arisohn of Arisohn LLC, and Joel D. Smith of Smith Krivoshey, PC. The case is Kirkbride et al. v. The Kroger Co., No. 2:21-cv-00022, pending in the U.S. District Court for the Southern District of Ohio before the Honorable Algenon L. Marbley. Class representatives are Kirkbride. Kroger denies wrongdoing. This website is attorney advertising. Past results do not guarantee future outcomes.
