Class Certification Granted in Lawsuit Against The Kroger Company for Generic Medication Overcharges

On April 9, 2025, the Honorable Algenon L. Marbley, United States District Court Judge for the Southern District of Ohio, issued an unsealed Opinion & Order granting Plaintiff’s motion for class certification in Kirkbride v. The Kroger Co., 2:21-cv-00022-ALM-EPD (S.D. Ohio).  Plaintiffs allege that Defendant The Kroger Company overcharged insured consumers for generic prescription medications by misreporting the usual and customary prices for those drugs.

Plaintiffs are represented by Joseph I. Marchese and Andrew J. Obergfell of Bursor & Fisher’s New York City office.