QUESTIONS? CALL (888) 535-4262 OR VISIT
WWW.KROGERSAVINGSCLUBSETTLEMENT.COM
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO
If You Paid for One or More Prescription Drugs with Insurance At Kroger, 1 A Class
Action Settlement Could Affect You
A federal court authorized this notice. This is not a solicitation from a lawyer.
INFORMATION REGARDING CLASS ACTION SETTLEMENT
A proposed Settlement 2 has been reached in a class action lawsuit regarding The Kroger Co.’s
(“Kroger”) usual and customary (“U&C”) pricing practices on behalf of individuals who paid for
one or more prescription drugs at Kroger using their insurance. The class action lawsuit, Kirkbride
et al. v. The Kroger Co., No. 2:21-cv-00022 (S.D. Ohio), relates to how Kroger determined its
U&C prices in submitting claims for prescription reimbursement, specifically whether it should
have considered its Savings Club prices in determining its U&C prices. Kroger denies any
wrongdoing and maintains that it correctly reported its retail prices as its U&C prices. The Court
has not decided who is right.
The Court has preliminarily approved the proposed Settlement described in this Notice. To resolve
the claims, the proposed Settlement provides for $17,000,000 to be paid by Kroger. As discussed
below, all Court-approved attorneys’ fees and expenses, the costs of notice and administering the
Settlement, service awards, and other Court-allowed costs will be deducted from this amount. The
remaining amount (the “Net Settlement Fund”) will be paid to members of the Settlement Class
(defined below) who submit valid claims.
The Court has scheduled a Fairness Hearing to decide whether to approve the Settlement, the plan
for allocating the Net Settlement Fund among claimants, Class Counsel’s request for attorneys’
fees and payment of litigation expenses out of the Settlement Fund, and the named Plaintiffs’
request for payment of services awards. The Fairness Hearing is scheduled for JANUARY 11,
2027, at 10am EST, before Judge Algenon L. Marbley of the U.S. District Court for the Southern
District of Ohio at the United States Courthouse, 85 Marconi Boulevard, Columbus, OH 43215.
The time and date of the Fairness Hearing may change. For up-to-date information on the Fairness
Hearing, check www.krogersavingsclubsettlement.com.
1
Kroger includes The Kroger Co. and all pharmacies owned and/or operated by The Kroger Co. or any of its affiliates.
A list of all pharmacies owned and/or operated by Kroger is set forth in Exhibit A of the Plan of Allocation and
Distribution, available at www.krogersavingsclubsettlement.com.
2
Unless otherwise defined, capitalized terms shall be those defined in the Class Action Settlement Agreement
(“Settlement Agreement”) and Plan of Allocation and Distribution, both of which can be found at
www.krogersavingsclubsettlement.com.
What is this action about?
Plaintiffs allege that Kroger inflated its U&C prices by not considering the prices it charged
under its Savings Club in determining the U&C price, allegedly resulting in insured customers
paying inflated amounts for prescription drugs. Plaintiffs brought claims against Kroger for fraud,
negligent misrepresentation, and unjust enrichment.
Kroger denies Plaintiffs’ allegations and maintains that it acted appropriately in reporting
its retail prices as its U&C prices, as Kroger contends the special prices available to club members
who elected to join the Savings Club, pay an annual membership fee, and satisfy other terms and
conditions are not Kroger’s “usual” or “customary” prices. This matter has settled with no findings
of liability or wrongdoing by Kroger as to any of Plaintiffs’ allegations.
Who Is Included?
The Settlement Class is defined as follows:
All individuals in the United States and its territories who, at any point in time from
December 9, 2018, through August 23, 2026 (“Settlement Class Period”), paid in whole or
in part for one or more prescription drugs from Kroger using their insurance.
The following individuals are excluded from the Settlement Class: (1) any Judge presiding
over any portion of this Action, including appeals, and immediate members of the Judges’
families, any members of the Judges’ respective staffs (but not members of the immediate
families of judicial staff); (2) officers and directors of Kroger, its subsidiaries, parent
companies, successors, predecessors, affiliates, and any entity in which Kroger has a
controlling interest; (3) individuals who timely and validly request exclusion from the
Settlement Class; (4) the legal representatives, successors, or assigns of any such excluded
individuals; and (5) all individuals that have sued (other than through this Action), filed an
arbitration demand, or participated in a settlement in a suit against Kroger relating to its
determination of usual and customary prices in connection with the Savings Club (this
exclusion from the Settlement Class does not apply to individuals that have voluntarily
dismissed their claims without prejudice in any suit or arbitration).
What Does The Class Action Settlement Provide?
Kroger will pay $17,000,000 into a Settlement Fund to settle all claims in the lawsuit brought on
behalf of Settlement Class Members.
The Settlement Fund will be distributed pursuant to a Plan of Allocation and Distribution, the latest
version of which can be reviewed at www.krogersavingsclubsettlement.com. Class Counsel will
ask the Court to award attorneys’ fees not to exceed one third of the Settlement Fund, as well as
out-of-pocket costs, expenses, and charges not to exceed $610,325.71, and interest, as well as
Service Award payments to the named Plaintiffs not to exceed $5,000 to each named Plaintiff,
each to be paid out of the Settlement Fund. Notice and Administration Expenses also will be paid
out of the Settlement Fund.
The Net Settlement Fund will be distributed to Settlement Class Members who file valid Claim
Forms. Payments will be calculated based on the amount a claimant paid, in whole or in part,
during the Settlement Class Period, for the purchase of one or more prescription drugs from
Kroger, where prescription insurance benefits were used in filling the prescription(s), as described
below. The precise amount that you might receive from the Net Settlement Fund will depend on
how much you (and other members of the Settlement Class) paid, in whole or in part, during the
Settlement Class Period, for the purchase of prescription drug(s) from Kroger, where prescription
insurance benefits were used in filling the prescription(s).
The Plan of Allocation and Distribution provides for distribution of the Settlement Fund as
follows:
The Settlement Administrator will first calculate the Net Settlement Fund amount by
subtracting any Court-approved Attorneys’ Fees and Expenses, Service Awards, Notice
and Administration Expenses, and any other Court-approved deductions (which may
include taxes, tax expenses, and escrow fees) from the total Settlement Fund.
The Net Settlement Fund amount will be shared by all Settlement Class Members who
submit valid claims. Each Settlement Class Member’s claim on the Settlement Fund will
be distributed on a pro rata basis based on the relative size of the Recognized Claims and
determined as follows:
o The Distribution Amount shall be that Authorized Claimant’s Recognized Claim
divided by the total Recognized Claims of all Authorized Claimants, multiplied by
the total amount in the Net Settlement Fund, i.e.:
𝐴𝐴𝐴𝐴𝐴𝐴ℎ𝑜𝑜𝑜𝑜𝑜𝑜𝑜𝑜𝑜𝑜𝑜𝑜 𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝑡𝑡 ′ 𝑠𝑠 𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅 𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶 𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴
𝑥𝑥 𝑁𝑁𝑁𝑁𝑁𝑁 𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆 𝐹𝐹𝐹𝐹𝐹𝐹𝐹𝐹
𝑆𝑆𝑆𝑆𝑆𝑆 𝑜𝑜𝑜𝑜 𝐴𝐴𝐴𝐴𝐴𝐴 𝐴𝐴𝐴𝐴𝐴𝐴ℎ𝑜𝑜𝑜𝑜𝑜𝑜𝑜𝑜𝑜𝑜𝑜𝑜 𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝑡𝑡 ′ 𝑠𝑠 𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅 𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶 𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴
The proposed Plan of Allocation and Distribution groups those submitting claims into Known
Claimants and Unknown Claimants based on whether Kroger identified the claimant as a potential
member of the Settlement Class. There are different documentation requirements for each category
of claimants, as discussed below. This is a summary of the Plan of Allocation and Distribution.
For additional details, the latest version of the Plan of Allocation and Distribution can be reviewed
at www.krogersavingsclubsettlement.com.
The proposed Plan of Allocation and Distribution is subject to change until the Court approves it.
To view the most current version, visit www.krogersavingsclubsettlement.com.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
PARTICIPATE IN To exercise your right to obtain a share of the Net Settlement
THE SETTLEMENT Fund, you will need to complete, sign and submit a Claim Form
BY SUBMITTING A (and documentation, if required) by DECEMBER 21, 2026. You
CLAIM FORM may fill out and submit the Claim Form found at the website
www.krogersavingsclubsettlement.com.
The Claim Form asks you to attest to your estimated and/or actual
payments to Kroger for one or more prescription drugs during the
Settlement Class Period where insurance benefits were used in
filling the prescription(s). All individuals submitting a Claim
Form where the total amount claimed is $8,000 or more will be
required to submit supporting documentation or data sufficient to
identify that individual’s payments to Kroger for prescription
drug purchases during the Settlement Class Period. In addition,
those individuals submitting a Claim Form where the total amount
claimed is less than $8,000, who the Settlement Administrator
determines is not on a list of individuals known to have purchased
one or more prescription drugs from Kroger during the Settlement
Class Period where insurance benefits were used in filling the
prescription(s), will be contacted by the Settlement Administrator
and also asked to submit supporting documentation or data
sufficient to identify that individual’s payments to Kroger for
prescription drug purchases during the Settlement Class Period.
Please see the Claim Form (available at
www.krogersavingsclubsettlement.com) for further details about
these documentation requirements.
EXCLUDE YOURSELF If you believe you are a member of the Settlement Class, you may
FROM THE choose to exclude yourself, or “opt out,” from the Settlement Class. If
SETTLEMENT CLASS you decide to exclude yourself, you will not be bound by any decision
in this lawsuit relating to Kroger. This is the only option that allows
you to ever be part of any lawsuit (other than this lawsuit) against
Kroger relating to the legal claims against Kroger in this case. To
exclude yourself, you will need to inform the Settlement Administrator
of your decision by OCTOBER 22, 2026, by mailing your
exclusion to:
Attn: Exclusions
P.O. Box 58220
Philadelphia, PA 19102
and provide the information set forth below in this Notice. If the
Settlement is approved by the Court and you do not notify the
Settlement Administrator by the deadline of your election to “opt
out” of the Settlement Class, you will be bound by the Settlement.
If you opt out, you may not submit a Claim Form.
OBJECT TO THE If you object to all or any part of the proposed Settlement, plan of
SETTLEMENT allocation, and/or requested attorneys’ fees, expenses, or service
awards, you may write to the Court and object. You may only object
to the proposed Settlement, plan of allocation, and/or requested
attorneys’ fees, expenses, or service awards if you have not excluded
yourself from the Settlement Class. Any objections must be submitted
to the Court by OCTOBER 22, 2026, by mailing your objection to:
Attn: Objections
P.O. Box 58220
Philadelphia, PA 19102
and provide the information set forth below in this Notice.
DO NOTHING If you are a member of the Settlement Class and do not file a valid
claim, you will not receive any payment from the Settlement.
Moreover, even if you do not file a valid claim, unless you exclude
yourself from the Settlement Class, you will nevertheless be
bound by past and any future Court rulings, including rulings on
the Settlement, if approved, and settlement releases but will not
be eligible to receive any payment from the Settlement.
GET MORE If you have any questions, or would like to receive more
INFORMATION information about the case or the Settlement, please contact the
Settlement Administrator in the following ways:
• By mail at: Kroger Savings Club Litigation Settlement,
1650 Arch Street, Suite 2210, Philadelphia, PA 19103
• By email at [email protected]
• By phone at (888) 535-4262.
How Do I Get A Payment?
You must submit a Claim Form by DECEMBER 21, 2026 to be eligible for a payment.
• If you received a notice and a claim identification number from the Settlement
Administrator you are a Known Claimant, as defined in the Plan of Allocation and
Distribution. If you want to participate in the Settlement, then you will need to submit a
Claim Form in order to be eligible to obtain a share of the proposed Settlement. Please visit
www.krogersavingsclubsettlement.com for more information and to submit a Claim Form.
You will be asked to provide information proving that you are a member of the Settlement
Class. You also may be asked to provide supporting documentation or data sufficient to
identify your eligible purchases. If you are unable to access the Settlement Website
identified above, please contact the Settlement Administrator by mail at Kroger Savings
Club Litigation Settlement, Attn: Claim Form, 1650 Arch Street, Suite 2210, Philadelphia,
PA 19103, by email at [email protected], or by phone at (888) 535-
4262.
• If you did not receive a notice and a claim identification number from the Settlement
Administrator, but believe you are a potential Settlement Class Member, then you will need
to submit a Claim Form in order to be eligible to obtain a share of the proposed Settlement.
Please visit www.krogersavingsclubsettlement.com for more information and to submit a
Claim Form. You will be asked to provide information proving that you are a member of
the Settlement Class. After you submit the Claim Form, if the Settlement Administrator
determines you are not on a list of individuals known to have purchased one or more
prescription drugs from Kroger during the Settlement Class Period where insurance
benefits were used in filling the prescription(s), you will be an Unknown Claimant, as
defined in the Plan of Allocation and Distribution. You will be contacted by the Settlement
Administrator and asked to provide supporting documentation or data sufficient to identify
your eligible purchases. If you are unable to access the Settlement Website identified
above, please contact the Settlement Administrator by mail at Kroger Savings Club
Litigation Settlement, c/o Angeion Group, 1650 Arch Street, Suite 2210, Philadelphia, PA
19103, by email at www.krogersavingsclubsettlement.com, or by phone at (888) 535-4262.
• When and whether you receive your payment depends on several matters, including
whether your claim is approved and whether and when the Court grants final approval of
the Settlement. The initial Distribution of the Net Settlement Fund will be allocated to
Settlement Class Members within 120 days after the Effective Date. If the proposed
Settlement is given final approval, but there is an appeal of the final approval, the appeal
could take several years to resolve. In the event the Settlement is finally approved by all
necessary courts, any accrued interest on the Settlement Fund will be included, consistent
with the Plan of Allocation and Distribution, in the amount paid to Settlement Class
Members.
What am I giving up to receive a payment?
Unless you exclude yourself, you remain a Settlement Class Member. That means you cannot sue,
continue to sue, or be part of any other lawsuit about the Plaintiffs’ Released Claims in this case
against Kroger or any of the Defendant’s Released Persons. Upon the Effective Date of the
Settlement, Plaintiffs and all Settlement Class Members, on behalf of themselves and each of the
Plaintiffs’ Released Persons, shall be deemed to have, and by operation of the Final Judgment shall
have, fully, finally, and forever released, relinquished, and discharged all Plaintiffs’ Released
Claims against Kroger and the Defendant’s Released Persons, regardless of whether Plaintiffs and
Settlement Class Members execute and deliver Claim Forms. The capitalized terms used in this
paragraph are defined in the Settlement Agreement. For easy reference, the relevant parts of those
terms are copied below:
• “Defendant’s Released Persons” means Kroger and its respective legal representatives,
predecessors, successors and assigns, present and former parents and subsidiaries and
affiliated entities, present and former employees, partners, agents, representatives,
independent contractors, officers, directors, shareholders, attorneys, accountants,
managers, and all other legally associated individuals or entities.
• “Plaintiffs’ Released Persons” means Plaintiffs, Settlement Class Members, and Plaintiffs’
Related Parties. In turn, “Plaintiffs’ Related Parties” means Plaintiffs’ respective legal
representatives, including Class Counsel, heirs, executors, administrators, beneficiaries,
trustees, predecessors, successors in interest, transferees and assignees, in their capacities
as such.
• “Plaintiffs’ Released Claims” means all claims, demands, damages, harm, injuries, actions,
causes of action, suits, proceedings, matters, disputes, obligations, costs, and losses of any
kind whatsoever, whether known or Unknown Claims 3, suspected or unsuspected, accrued
or unaccrued, and contingent or non-contingent, which now exist or have existed upon any
theory of law or equity (whether contractual, common law, statutory, federal, state, local,
or otherwise), including any claims for compensatory or punitive damages, or for
attorneys’ fees, costs, or disbursements of any kind, against Defendant’s Released Persons
arising out of or related to the conduct challenged in the Action, including any and all
claims relating to the reporting of U&C prices for pharmaceuticals, regardless of whether
“usual and customary” or “U&C” appears as a defined contractual term in any relevant
contract, except for claims relating to the enforcement of the Settlement Agreement.
What Are My Other Rights?
If you are a member of the Settlement Class and you do not want to be legally bound by the
Settlement, you must exclude yourself. The exclusion deadline is OCTOBER 22, 2026. If you do
not timely exclude yourself, you will not be able to sue Kroger or Defendant’s Released Persons
for any claims relating to the lawsuit and will be bound by the Settlement, if finally approved.
To exclude yourself from the Settlement Class, you must send a letter via first-class U.S. mail with
postage prepaid or overnight delivery to: Kroger Savings Club Litigation Settlement, Attn:
Exclusions, P.O. Box 58220, Philadelphia, PA 19102. You must include the following: (1) your
full name, current mailing address, telephone number, and social security number; (2) a statement
that you purchased and paid for one or more prescription drugs from Kroger using insurance during
the Settlement Class Period; (3) a statement that you wish to be excluded from the Settlement Class
(e.g., “I request that I be excluded from the Kirkbride et al. v. The Kroger Co. settlement.”); and
(4) your signature.
3
The complete definition of “Unknown Claims” is set forth at Section 1.43 of the Settlement Agreement and includes
“(a) any Plaintiffs’ Released Claims that Plaintiffs or any Settlement Class Member does not know or suspect to exist
in his or her favor at the time of the release of Defendant’s Released Persons which, if known by him or her, might
have affected such Plaintiff’s or Settlement Class Member’s settlement or decisions with respect to the Settlement,
including the release of Defendant’s Released Persons or the decision not to object to or opt out of this Settlement;
and (b) any Defendant’s Released Claims that Defendant does not know or suspect to exist in its favor at the time of
the release of Plaintiffs’ Released Persons, which if known by it, might have affected its settlement or decision with
respect to the Settlement, including the release of Plaintiffs’ Released Persons.”
Settlement Class Members shall not be permitted to exclude other Settlement Class Members.
Moreover, group or class-wide exclusions shall not be permitted. A request for exclusion must be
submitted by each Settlement Class Member on an individual basis, and any request for exclusion
by a purported authorized agent or representative of a Settlement Class Member must include proof
of the representative’s legal authority and authorization to act and request exclusion on behalf of
each Settlement Class Member they seek to opt out. If you exclude yourself from the Settlement
Class, you will not receive any benefits of the Settlement, you will not be legally bound by
anything that happens in the lawsuit, and you may be able to sue (or continue to sue) Kroger in the
future about the legal issues in this case.
Your letter requesting exclusion must be postmarked no later than OCTOBER 22, 2026.
A request for exclusion that does not include all of the foregoing information, that does not contain
the proper signature, that is sent to an address other than the one designated above, or that is not
sent within the time specified shall be invalid and the individual filing such an invalid request shall
be a Settlement Class Member and shall be bound by the Settlement, if approved.
If you do not exclude yourself from the Settlement Class, you may object to the Settlement by
OCTOBER 22, 2026.
To object to the Settlement: If you are a Settlement Class Member and you have not excluded
yourself from the Settlement Class, you can object to all or any part of the proposed Settlement,
Plan of Allocation and Distribution, and/or requested attorneys’ fees, expenses, or service awards.
You can give reasons why you think the Court should not approve it, and the Court will consider
your views.
To object to the proposed Settlement, you must file or send a letter via first-class U.S. mail (or file
electronically with the Court) saying that you object to the Settlement in Kirkbride et al. v. The
Kroger Co., No. 2:21-cv-00022 (S.D. Ohio), with the following information:
(a) your name, address, email address, and the identity of and contact information
for any attorney representing you; (b) the legal or factual bases for your objection;
(c) documentation sufficient to prove your membership in the Settlement Class
(such as evidence of your relevant prescription purchases or payments); (d) a list of
any witnesses, exhibits, or legal authority that you intend to offer; (e) whether you
intend to appear, either in person or through counsel, at the Fairness Hearing;
(f) whether your objection applies only to yourself, to a subset of the Settlement
Class, or to the Settlement Class as a whole; and (g) a list of all class action
settlements to which you and/or your counsel have previously objected.
File or mail any objections to the Clerk of the United States District Court for the Southern District
of Ohio, United States Courthouse, 85 Marconi Boulevard, Columbus, OH 43215, with a copy to
Joseph I. Marchese, Andrew Obergfell, Bursor & Fisher, P.A., 1330 Avenue of the Americas, New
York, NY 10019; Joshua D. Arisohn, Arisohn LLC, 94 Blakeslee Road, Litchfield, CT 06759;
Joel D. Smith, Smith Krivoshey, PC, 867 Boylston Street, 5th Floor #1520, Boston, MA 02116;
Selina Coleman, Reed Smith LLP, 1301 K Street, N.W., Suite 1000 – East Tower, Washington,
D.C. 20005-3373, and Michael S. Leib, Reed Smith LLP, 10 S. Wacker Dr. #4000, Chicago, IL
60606.
You also may ask the Court for permission to speak at the Fairness Hearing. To do so, you must
send a letter via first-class U.S. mail saying that it is your “Notice of Intention to Appear in
Kirkbride et al. v. The Kroger Co., No. 2:21-cv-00022 (S.D. Ohio).” Be sure to include your name,
address, email address, telephone number, and your signature. Your Notice of Intention to Appear
must be postmarked no later than OCTOBER 22, 2026, and must be filed or sent to the Clerk of
the Court and to counsel at the addresses listed in the prior paragraph. You may not be able to
speak at the Fairness Hearing if you have excluded yourself from the Settlement Class or if you
do not send a Notice of Intention to Appear.
The Lawyers Representing the Settlement Class
The Court has appointed Bursor & Fisher, P.A., Arisohn LLC, and Smith Krivoshey, PC as Class
Counsel. You may contact the following lawyers regarding questions: Joseph I. Marchese, Andrew
Obergfell, Bursor & Fisher, P.A., 1330 Avenue of the Americas, New York, NY 10019; Joshua
D. Arisohn, Arisohn LLC, 94 Blakeslee Road, Litchfield, CT 06759; Joel D. Smith, Smith
Krivoshey, PC, 867 Boylston Street, 5th Floor #1520, Boston, MA 02116.
The Lawyers for the Defendant
Defendant is represented by Reed Smith LLP, including Selina Coleman, 1301 K Street, N.W.,
Suite 1000 – East Tower, Washington, D.C. 20005-3373 and Michael S. Leib, 10 S. Wacker Dr.
#4000, Chicago, IL 60606.
If You Want More Information
If you have any questions, or would like to receive more information about the case or the
Settlement, please contact the Settlement Administrator in the following ways:
• By mail at: Kroger Savings Club Litigation Settlement, 1650 Arch Street, Suite 2210,
Philadelphia, PA 19103
• By email at: [email protected]
• By phone at: (888) 535-4262
This Notice is only a summary of the proposed Settlement and is qualified in its entirety by the
terms of the Settlement Agreement. Copies of the Settlement Agreement are on public file with
the United States District Court for the Southern District of Ohio Courthouse, 85 Marconi
Boulevard, Columbus, OH 43215. The Settlement Agreement is also available on the Settlement
Website: www.krogersavingsclubsettlement.com.
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE
TO INQUIRE ABOUT THE SETTLEMENT OR THE CLAIMS PROCESS
FOR MORE INFORMATION AND TO SUBMIT A CLAIM:
CALL: (888) 535-4262 OR VISIT www.krogersavingsclubsettlement.com.
