Kroger $17M Prescription Settlement, Claim By Dec 21, 2026

If you paid for a prescription at a Kroger pharmacy using insurance between December 9, 2018 and August 23, 2026, you may be able to claim cash from a $17 million class action settlement. The case is Kirkbride et al. v. The Kroger Co., No. 2:21-cv-00022, in the U.S. District Court for the Southern District of Ohio.

Nobody is paid automatically. You must file a claim by December 21, 2026. If you want to opt out or object instead, that deadline comes first: October 22, 2026, five days from today.

File your claim: Official claim form | Official settlement website

Kroger $17 Million Settlement: Quick Facts

Item	Detail
Case name	Kirkbride et al. v. The Kroger Co.
Case number	2:21-cv-00022
Court	U.S. District Court, Southern District of Ohio
Judge	Algenon L. Marbley
Settlement amount	$17,000,000
Who is covered	People in the U.S. and its territories who paid all or part of the cost of a Kroger prescription using insurance, December 9, 2018 through August 23, 2026
Do you need to be a Savings Club member?	No
Payment type	Pro rata cash payment; no fixed amount per person
Official settlement website	krogersavingsclubsettlement.com
Official claim form	krogersavingsclubsettlement.com/submit-claim
Claim deadline	December 21, 2026
Opt-out and objection deadline	October 22, 2026
Final approval (fairness) hearing	January 11, 2027, 10:00 a.m. Eastern
Settlement administrator	Angeion Group
Administrator contact	(888) 535-4262
Current status	Preliminary approval granted June 2026; final approval pending

Kroger denies wrongdoing. The settlement is not a finding that the company broke the law, and it is not final until the court approves it.

What Is the Kroger Prescription Lawsuit About?

Pharmacies report a “usual and customary” price, called the U&C price, when they send prescription claims to insurers and pharmacy benefit managers. That price can influence reimbursement and the copay a patient owes. For Medicare Part D, federal regulations define a U&C price as what a pharmacy charges a customer who has no prescription drug coverage (42 C.F.R. § 423.100). Other insurance programs set their own contract terms.

The plaintiffs say Kroger should have counted the lower prices it offered through its Rx Savings Club (also called the Health Savings Club) when it determined the U&C price it reported. By leaving those prices out, they argue, Kroger inflated the reported price and insured customers paid more out of pocket. They brought claims for fraud, negligent misrepresentation, and unjust enrichment. The lead plaintiffs are Judy Kirkbride and Beeta Lewis.

Kroger disputes this. It says the Savings Club prices, which are available only to members who pay an annual fee and meet other conditions, are not its “usual” or “customary” prices. The court has not decided who is right.

Similar U&C pricing suits have been filed against other pharmacy chains, with mixed results. This settlement does not decide any other case.

Who Qualifies for the Kroger Settlement?

The Settlement Class includes individuals in the United States and its territories who, from December 9, 2018 through August 23, 2026, paid all or part of the purchase price for one or more prescription drugs from Kroger using prescription insurance benefits. “Kroger” includes pharmacies owned or operated by The Kroger Co. or its affiliates. Purchases made on or before August 23, 2026 count.

You may qualify if:

You filled one or more prescriptions at a covered Kroger pharmacy during that period.
Insurance benefits were used.
You paid some or all of the cost yourself, such as a copay or other out-of-pocket amount.

You are not excluded.

You do not need to have joined the Rx Savings Club. The class is defined by insured prescription purchases, not membership.

Cash-only purchases generally do not qualify, because the class covers purchases where insurance benefits were used.

Who is excluded?

Judges who handled the case, their immediate families, and their staff

Kroger’s officers and directors and its affiliates
People who validly opt out
Anyone who separately sued Kroger, filed an arbitration demand, or took part in a settlement over Savings Club U&C pricing (people who voluntarily dismissed those claims without prejudice are not excluded)

Read the full definition in the official long-form notice before you file.

How Much Could You Get?

There is no guaranteed flat payment. The $17 million is the gross fund. Court-approved attorneys’ fees, expenses, service awards, and notice and administration costs come out first. What remains, the Net Settlement Fund, is divided among people with approved claims under the Plan of Allocation:

Your recognized claim ÷ all approved recognized claims × Net Settlement Fund = your payment

What Class Counsel is asking for

According to the notice, Class Counsel will ask the court for fees of up to one third of the fund, up to $610,325.71 in expenses, and up to $5,000 for each named plaintiff. If the court granted all of those maximums, roughly $10.7 million would remain before administration costs. That figure is our estimate from the notice, not a number the notice states. Class Counsel filed its motion on October 6, 2026, and it is on the docket and the settlement website’s documents page.

How your recognized claim is set

For estimated claims under $8,000, the plan assigns a recognized claim value by spending bracket:

Estimated eligible out-of-pocket spending	Recognized claim value under the plan
$1 to $500	$500
$501 to $1,000	$1,000
$1,001 to $4,000	$4,000
$4,001 to $7,999	$7,999
$8,000 or more	Based on documentation

These are values used in the formula, not payouts. A $500 recognized claim does not mean you will receive $500. For illustration only: if all approved recognized claims added up to $100 million and the Net Settlement Fund were $10.7 million, a $500 recognized claim would receive about $53.50. The real numbers depend on how many people file and for how much, so the more claims filed, the smaller each share.

Do You Need Receipts?

It depends on your claim.

Known claimants (people on Kroger’s list of known purchasers, including those who received a notice with a claim ID): claims under $8,000 generally rely on the information and attestation on the form, although the administrator can request records if it reasonably disputes a material fact. Claims of $8,000 or more require supporting documentation.
Unknown claimants (people not on Kroger’s list): supporting documentation is required for claims in any amount.

Records that can help include itemized pharmacy receipts, insurance explanation-of-benefits statements, pharmacy account histories, cancelled checks, and bank or credit card statements showing the payments. The plan lists the accepted types.

Do not invent purchases or inflate amounts. You attest to your claim, and unsupported or inaccurate claims may be denied. Knowingly false statements in a claim can carry legal consequences.

How to File a Kroger Settlement Claim

Check eligibility. Confirm you paid for a Kroger prescription with insurance within the class period.
Use only the official site. Go to krogersavingsclubsettlement.com and open Submit Claim. If you received a notice with a claim ID, have it ready. If you did not, you can still file.
Complete and sign the form. Enter your contact details and your actual or estimated payments.
Add documents if required (see above).
Pick a payment method. The plan lists Zelle, PayPal, Venmo, ACH direct deposit, or a check.
Submit by December 21, 2026, and keep a copy and any confirmation.

Paper form or questions: Kroger Savings Club Litigation Settlement, Attn: Claim Form, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103; phone (888) 535-4262; email [email protected]. The notice asks you not to call the court or the clerk’s office.

October 22, 2026: Opt Out, Object, or Stay In

Your choice changes your legal rights, even if you do nothing. Under Federal Rule of Civil Procedure 23(c)(2)(B), members of a damages class like this one must be told they can opt out and what staying in means.

Your choice	What you can get	What you give up
File a claim (by Dec 21)	A share of the Net Settlement Fund	The right to sue Kroger over the same claims
Opt out (by Oct 22)	The right to sue Kroger on your own	Any payment from this settlement
Object (by Oct 22)	You stay in the class and can still file a claim	Nothing extra; you are still bound if the settlement is approved
Do nothing	Nothing	You are bound by the release if the court approves, and you get no payment

How to opt out

Mail a signed letter, postmarked by October 22, 2026, to: Kroger Savings Club Litigation Settlement, Attn: Exclusions, P.O. Box 58220, Philadelphia, PA 19102. The notice requires specific information, including your full name, address, phone number, a statement that you bought Kroger prescriptions with insurance during the class period, a statement that you want to be excluded, and your signature. According to the notice, it also asks for a Social Security number. Group opt-outs are not allowed, and a request missing any required item is invalid. Use trackable mail and keep a copy. If you opt out, you cannot object or file a claim.

How to object

If you stay in the class but disagree with the settlement, the allocation plan, or the requested fees, you may object by October 22, 2026, following the notice’s instructions. The notice requires details such as proof you are a class member and whether you plan to appear at the hearing. Rule 23(e)(5) governs objections, and the court considers them at the fairness hearing. If you opt out, you cannot object.

What if you do nothing?

You receive no payment and, if the court approves the settlement, you are bound by its release.

What You Give Up if You Stay In

Unless you opt out, you cannot sue Kroger or related parties over the claims in this case. The release covers claims arising from the conduct challenged in the lawsuit, including the reporting of U&C prices, and it applies whether or not you file a claim. If you are considering opting out to preserve your own claim, review the notice closely and talk to a lawyer before October 22, because deadlines for individual claims also apply.

What Does the Court Have to Decide?

This is a class settlement, so the court must approve it. Under Fed. R. Civ. P. 23(e)(2), the judge must find the settlement fair, reasonable, and adequate after considering factors such as how the class was represented, whether the deal was negotiated at arm’s length, the adequacy of relief, and whether class members are treated equitably. Fees are reviewed separately under Rule 23(h). Under the Class Action Fairness Act, 28 U.S.C. § 1715, notice of a proposed class settlement must be given to federal and state officials, and a final approval order generally cannot issue until at least 90 days after that notice.

The court certified the class on April 9, 2025, and granted preliminary approval of the settlement in June 2026. Preliminary approval is not final approval.

When Will Payments Go Out?

No payment date has been announced, and nothing is paid before final approval. The fairness hearing is January 11, 2027, at 10:00 a.m. Eastern before Judge Marbley in Columbus, Ohio.

The Plan of Allocation says the first distribution is due within 120 days after the Effective Date. That is the date the settlement becomes final, not the hearing date. If someone appeals the approval, payments can be delayed, sometimes for a long time. Claimants who choose paper checks have 180 days from issuance to cash them.

Are settlement payments taxable?

Tax treatment depends on your situation. Whether a payment is taxable can depend on whether it reimburses you for amounts you paid or is treated as income. Consult a tax professional.

Key Dates

Date	Event
December 9, 2018	Class period begins
January 5, 2021	Kirkbride lawsuit filed
April 9, 2025	Court certifies the class
March 2026	Parties seek preliminary approval of the $17M settlement
June 24 to 25, 2026	Court grants preliminary approval and issues an amended order correcting deadlines
August 23, 2026	Class period ends
October 6, 2026	Class Counsel files motion for fees, costs, and service awards
October 22, 2026	Deadline to opt out or object
December 21, 2026	Deadline to file a claim
January 11, 2027, 10:00 a.m. ET	Final approval hearing
After the Effective Date	First payments, within 120 days under the plan

Hearing dates can change. Check the official website for updates.

Who Represents the Class?

The court appointed Bursor & Fisher, P.A., Arisohn LLC, and Smith Krivoshey, PC as Class Counsel. Reed Smith LLP represents Kroger. You do not have to pay Class Counsel yourself. Their fees, if approved, come out of the settlement fund.

Watch Out for Scams

Use only the official website and the administrator’s listed phone number and email. Be wary of any site or message that asks for a fee to “release” your payment, promises a guaranteed amount, or asks for bank or card details outside the official claim form. If you suspect a scam, you can report it to the Federal Trade Commission at reportfraud.ftc.gov.

Frequently Asked Questions

Is the Kroger prescription settlement real?

Yes. The settlement website is the court-authorized site for Kirkbride et al. v. The Kroger Co., No. 2:21-cv-00022. The settlement has preliminary approval, but the court has not granted final approval.

Do I have to be a Kroger Savings Club member?

No. You qualify based on paying for a Kroger prescription with insurance during the class period.

What is the claim deadline?

December 21, 2026. The opt-out and objection deadline is October 22, 2026.

How much will I get?

No one knows yet. There is no fixed amount. Payments are pro rata and depend on your recognized claim, the total of all approved claims, and deductions from the fund.

Do I need receipts?

Sometimes. Claims of $8,000 or more require documentation. If you are not on Kroger’s list of known purchasers, you need documentation for any amount.

I never got a notice. Can I still file?

Yes, if you meet the class definition. Use the official claim form. You may be asked for supporting records.

Do cash-only purchases count?

Generally no. The class covers purchases where insurance benefits were used.

Does Kroger admit wrongdoing?

No. Kroger denies the allegations and the settlement contains no finding of liability.

Is the $17 million being paid now?

No. It is a proposed settlement, and payments cannot be made until the court gives final approval and the settlement becomes effective.

Can I opt out and still get paid?

No. If you opt out, you keep the right to sue on your own but receive no payment from this settlement.

Who should I contact with questions?

Call the administrator at (888) 535-4262 or email [email protected].

What Kroger Customers Should Do Now

Check whether you paid for Kroger prescriptions with insurance between December 9, 2018 and August 23, 2026.
Decide before October 22 whether you want to stay in, opt out, or object.
If you are staying in, gather your records and file a claim before December 21.

For a step-by-step guide, read our article: How to Claim a Lawsuit Settlement Money? Step-by-Step Guide (2026)

About This Article

This article was researched and written by Israr Ahmad, a legal content researcher, from the court-authorized notice, the Plan of Allocation, court orders, and the official settlement website listed below. It reflects information available as of October 17, 2026. The official notice, settlement agreement, allocation plan, and court orders control if anything here differs.

This article is general legal information, not legal advice. AllAboutLawyer.com is a consumer legal-information website, not a law firm, and the author is not an attorney. Consult a licensed attorney about your own situation and deadlines.

Sources

Official Kroger Savings Club Settlement website: https://www.krogersavingsclubsettlement.com/
Official claim form portal: https://www.krogersavingsclubsettlement.com/submit-claim
Official FAQs: https://www.krogersavingsclubsettlement.com/faqs
Official settlement documents, including the Motion for Attorneys’ Fees, Costs, and Service Awards (October 6, 2026): https://www.krogersavingsclubsettlement.com/important-documents
Official contact page: https://www.krogersavingsclubsettlement.com/contact
Kirkbride et al. v. The Kroger Co., Long-Form Notice (Angeion Group): https://angeion-public.s3.amazonaws.com/www.krogersavingsclubsettlement.com/docs/Kirkbride%20v%20Kroger%20-%20Long-Form%20Notice_Final.pdf
Proposed Plan of Allocation and Distribution: https://angeion-public.s3.amazonaws.com/www.krogersavingsclubsettlement.com/docs/Plan%20of%20Allocation%20-%202.21-cv-00022.pdf
Amended preliminary approval order, June 25, 2026: https://angeion-public.s3.amazonaws.com/www.krogersavingsclubsettlement.com/docs/2026.06.25%20DE%20165%20AMENDED%20OPINION%20AND%20ORDER%20-%20Part%201.pdf
Top Class Actions, “Kroger agrees to $17M class action settlement over prescription drug prices”: https://topclassactions.com/lawsuit-settlements/lawsuit-news/kroger-agrees-to-17m-class-action-settlement-over-prescription-drug-prices/
Fed. R. Civ. P. 23(c)(2)(B), 23(e), 23(h); Class Action Fairness Act, 28 U.S.C. § 1715; 42 C.F.R. § 423.100 (definition of usual and customary price for Medicare Part D)
Federal Trade Commission, report fraud: https://reportfraud.ftc.gov

About the Author

Israr Ahmad is a legal content researcher with 4+ years of experience covering class action settlements and consumer rights cases. He has researched and published coverage of 2,500+ settlements using verified court records, settlement administrator filings, and government sources. Learn more about Israr.