Bob Ferguson, Attorney General for the State of Washington has announced that The Kroger Company will pay $47.5 million to settle a lawsuit over widespread filling of ‘pill mill’ prescriptions.  In December 2022 the state filed a lawsuit alleging “illegal, reckless and negligent filling of opioid orders without adequately investigating fraud or over-prescribing.”  Kroger will pay the settlement figure over eleven years and the proceeds will be divided between the State of Washington, City and County agencies.

In 2023 The Kroger Company settled with the State of West Virginia regarding overfilling of hydrocodone prescriptions resulting in a $68 million settlement.

Litigation is in progress in Kentucky.  Attorney General Russell Coleman claims that between 2006 and 2019 the 100 pharmacies operated by Kroger in the region dispensed 444 million doses representing eleven percent of all opioid pills marketed.  The lawsuit alleges that Kroger ignored “red flags” and continued filling prescriptions for hydrocodone over a seven-year period.

The over-supply of opioids by Kroger contributing to a dependency crisis may be introduced as an argument opposing the proposed merger with Albertsons Companies. The magnitude of the consequences of reckless sale of opioids relates to the ethics of the Company and its dominance in many states with the potential for social impact.