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Kentucky Goes It Alone, Nearly Doubles Opioid Settlement with Kroger

By Kit Yona, M.A. | Reviewed by Joseph Fawbush, Esq. | Last updated on

It's often said that there's safety in numbers. Kentucky proved that's not always the case. Instead of joining in a multistate legal action, Kentucky chose to stand by itself to file suit against the Kroger grocery chain for its role in the opioid crisis.

The gamble paid off on January 9, 2025, as Kentucky Attorney General Russell Coleman announced that their suit against Kroger, filed in February of 2025, had reached a settlement agreement. It included a significant bump over what the commonwealth would have received had they settled in the multistate filing.

Cleanup in Aisle 12

Kentucky's lawsuit against Kroger focused on the grocery chain's in-store pharmacies. The suit alleged that Kroger stores sold in excess of 440 million doses of opioids in Kentucky between 2006 and 2019. This accounted for more than 11% of all opioid pills sold in Kentucky during that period.

Kentucky claimed that Kroger helped cause the opioid crisis because there were no guidelines in place to alert their pharmacy employees to the prescription medication abuse taking place. According to the suit, there was neither training nor tracking available that might have clued pharmacists in. In addition, Kroger was accused of either ignoring or disregarding their data as it related to customers and the amount of opioids being sold.

Kroger vehemently denied all allegations and insisted that systems were in place. As is fairly standard with settlements of this type, Kroger didn't admit to any wrongdoing and claimed they owed no liability to the Commonwealth. Both parties accepted the consent agreement and the lawsuit was dismissed with prejudice.

Addressing Addiction

If Kentucky had been part of the multistate settlement, the Commonwealth would have received a share totaling over $66 million before expenses. By acting on their own, the settlement amount came in at around $110 million instead - $108,403,536.04, to be exact, according to page 17 of the settlement.

Under the settlement, Kroger will make payments on March 31st of each year through 2038. The Kentucky Office of the Attorney General gets 15% of each payment to offset the resources used. Half of the remainder will go to drug addiction and treatment programs in Kentucky cities and counties.

The rest is available through the Kentucky Opioid Abatement Advisory Commission as grants for groups combating drug abuse and addiction in two categories: Prevention and Treatment/Recovery Support. The Commission will add the Kroger settlement to monies awarded from settlements with opioid companies in 2022.

Interested groups can apply through the Grants Management System. Note that applications for this round of grants are due by January 17, 2025.

A Better Future

There's no denying the carnage caused by the opioid crisis, and Kentucky was no exception. While throwing money at a problem isn't always a solution, using the settlement from Kroger allows Kentucky to provide funding for relief through both government programs and civilian-run organizations.

Acknowledging addiction as a serious health problem is one of the first steps required for a helpful response. The two-pronged approach of trying to prevent drug abuse in the first place and having treatment options in place for those in the throes of addiction has led to repeated yearly declines in the Kentucky overdose death rate.

If you're dealing with drug addiction, it's okay to ask for help. There's also help available for those living outside of Kentucky.

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