Can I file a claim in the Kroger prescription drug settlement?

Not yet. The motion for preliminary approval was filed on March 13, 2026 in Ohio federal court, but the court has not yet granted approval. No claim form, settlement website, or claim deadline has been announced. Once the court approves the settlement and notice is distributed, a claims process will open.

Who qualifies for the Kroger pharmacy settlement?

You may qualify if you paid in whole or in part for one or more prescription drugs from a Kroger pharmacy using your insurance between December 9, 2018 and the date class notice is distributed. The lawsuit alleges Kroger charged insured customers higher copays than what cash-paying customers paid through its Rx Savings Club discount program.

What did Kroger do wrong according to the lawsuit?

The lawsuit alleges Kroger reported its higher retail prescription drug prices as its usual and customary prices to insurance companies, rather than reporting its lower Rx Savings Club discount prices. This allegedly caused insured customers to pay higher copays than they should have. Claims include fraud, unjust enrichment, and negligent misrepresentation. Kroger denies wrongdoing.

When will the Kroger settlement claim form be available?

The claim form will be available after the court grants preliminary approval and the notice phase begins. This could take several weeks to months. Once approved, a settlement website will be created, class members will be notified, and a claim form with a specific deadline will be published.

Kroger $17 Million Class Action Settlement -- Pharmacy Customers Overcharged on Prescription Copays, No Claim Form Yet

By Steve Levine

Kroger $17 Million Prescription Drug Copay Class Action Settlement 2026 Insured Customers Overcharged Rx Savings Club

Published: April 2, 2026

Kroger has agreed to pay $17 million to settle a class action lawsuit alleging the grocery chain inflated prescription drug copays for insured customers for years. The motion for preliminary approval was filed in Ohio federal court on March 13, 2026. There is no claim form yet. There is no settlement website. There is no deadline. But if you filled a prescription at a Kroger pharmacy and used your insurance to pay, you could be affected.

What Is This Settlement About?

The lawsuit, Kirkbride et al. v. The Kroger Co., alleges that Kroger reported inflated "usual and customary" prices for prescription drugs to insurance companies. When an insured customer fills a prescription, the insurance company uses the pharmacy's reported usual and customary price to calculate how much the customer owes as a copay. The lower the pharmacy's reported price, the lower the customer's copay.

The plaintiffs allege that Kroger had a separate discount program -- the Rx Savings Club -- that offered lower prices to cash-paying customers. But instead of reporting those lower prices as its usual and customary prices, Kroger allegedly reported its higher retail prices. The result: insured customers paid higher copays than they should have, because the copay was calculated based on an inflated number.

The lawsuit asserts claims for fraud, unjust enrichment, and negligent misrepresentation. Kroger denies all allegations but agreed to settle to avoid the cost and uncertainty of continued litigation. Plaintiffs' experts identified overcharges across a dataset of over 158 million pharmacy transactions from Kroger's own records.

There Is No Claim Form Yet

The settlement was filed for preliminary approval on March 13, 2026. The court has not yet granted approval. Until it does, no claim form, settlement website, settlement administrator, or claim deadline will be publicly announced. Once the court approves the settlement and the notice phase begins, a claims process will open and eligible customers will be notified.

Be cautious of any website claiming you can already file a Kroger pharmacy claim. No legitimate claims process exists at this time.

Who Qualifies?

You may qualify if you paid in whole or in part for one or more prescription drugs from a Kroger pharmacy using your insurance between December 9, 2018 and the date class notice is distributed. This means if you used your health insurance at any Kroger pharmacy and paid a copay during this period, you could be a class member.

Kroger operates pharmacies under multiple banners, including Kroger, Ralphs, Fred Meyer, Harris Teeter, King Soopers, Fry's, QFC, Smith's, Dillons, Pay-Less, and others. If your pharmacy was part of the Kroger family and you used insurance to pay for prescriptions, the settlement could apply to you.

How Much Could Each Person Get?

Individual payout amounts have not been determined. Payments will be calculated on a pro rata basis, meaning your share depends on how much you were overcharged relative to other class members. The more qualifying prescriptions you filled during the class period, the higher your potential payout.

The $17 million fund is non-reversionary, meaning unclaimed money will not go back to Kroger. Attorneys' fees, litigation expenses, service awards to the named plaintiffs, and administration costs will be deducted before distribution. The specific fee requests have not been publicly disclosed yet.

Given the potentially massive class size -- Kroger is one of the largest pharmacy operators in the country and the dataset covers 158 million transactions -- individual payouts may be modest. But frequent Kroger pharmacy customers who filled many insured prescriptions over the seven-plus year class period could see meaningful amounts.

What Should You Do Right Now?

If you used insurance at a Kroger pharmacy since December 2018, hold onto any records you have -- pharmacy receipts, insurance explanation of benefits statements, or prescription history printouts. These could help support your claim when the process opens.

In many pharmacy settlements, the administrator uses company records to verify claims, so you may not need to provide your own documentation. But having your own records is always useful as a backup.

Watch for official notice from the court. When the settlement is approved, a settlement website will be created, class members will be notified (likely by mail and email), and a claim form will be published with a specific deadline. OpenClassActions.com will publish a full settlement page with claim form links when the process opens.

Case Information

Case: Kirkbride et al. v. The Kroger Co.
Court: U.S. District Court (Ohio)
Filed: 2021 (settlement motion filed March 13, 2026)
Plaintiffs: Judy Kirkbride and Beeta Lewis
Defendant: The Kroger Co.
Allegation: Inflated usual and customary prescription drug prices, causing higher copays for insured customers
Settlement Fund: $17,000,000 (non-reversionary)
Class Period: December 9, 2018 through the notice date
Who Qualifies: Insured customers who paid copays at Kroger pharmacies during the class period
Data Reviewed: 158 million+ pharmacy transactions
Legal Claims: Fraud, unjust enrichment, negligent misrepresentation
Claim Form: Not available yet (pending court approval)
Settlement Website: Not yet launched
Claim Deadline: Not yet announced

How Do I Find Class Action Settlements?

Find all the latest class actions you can qualify for by getting notified of new lawsuits as soon as they are open to claims:

Sources

• Motion for Preliminary Approval, Kirkbride et al. v. The Kroger Co. (Ohio federal court, filed March 13, 2026)

About This Article

The Kroger prescription drug settlement is pending court approval. There is no claim form, no settlement website, and no deadline at this time. If approved, eligible class members will be notified through the court system. OpenClassActions.com will update this page when claims open. OpenClassActions.com is a consumer advocacy and class action news site, and is not a class action administrator or a law firm.

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