Jan 9 (Reuters) - Kroger ( KR ) has agreed to pay $110 million
to resolve a lawsuit by the state of Kentucky alleging the
supermarket chain's pharmacies helped fuel a deadly opioid
epidemic by flooding its communities with hundreds of millions
of doses of addictive painkillers.
The settlement was announced on Thursday by Kentucky
Attorney General Russell Coleman, whose state had opted to not
participate in a broader $1.4-billion deal Kroger ( KR )
finalized last year that resolved similar claims by 30 states as
well as counties, municipalities and Native American tribes.
In a lawsuit filed in state court in February, Coleman had
alleged that Kroger's ( KR ) more than 100 Kentucky pharmacies had been
responsible for over 11% of all opioid pills dispensed in the
state from 2006 to 2019, or about 444 million opioid doses.
The lawsuit alleged Kroger ( KR ) should have known based on the
suspiciously high numbers and other red flags that the drugs
were being diverted for illicit purposes, and should have taken
measures to stop shipments and refuse to fill suspicious
prescriptions.
Instead, Kroger ( KR ) continued to ship massive quantities of
opioids throughout the state, failed to report suspicious orders
to authorities and continued to dispense addictive drugs at
"alarming" rates in Kentucky, which was hard-hit by the
drug-addiction epidemic, according to the lawsuit.
"This massive grocery chain that asked for our trust and our
business allowed the fire of addiction to spread across the
commonwealth, leaving pain and leaving so much brokenness in its
aftermath," Coleman said at a press conference.
The Cincinnati-based supermarket chain, whose $25-billion
proposed merger with rival Albertsons ( ACI ) was terminated
after courts last month blocked the deal, did not admit
wrongdoing as part of Thursday's settlement. Kroger ( KR ) had no
immediate comment.
According to the settlement agreement, Kentucky received a
substantial premium above what it would have received had it
joined the earlier broader settlement with Kroger ( KR ). Had it done
so, Kentucky would have recovered $66.6 million.
Drug manufacturers, distributors, pharmacy operators and
others have agreed to pay about $50 billion to resolve lawsuits
and investigations by states and local governments over their
roles in the drug-overdose epidemic.
Nearly 727,000 people in the U.S. died from opioid overdoses
from 1999 to 2022, according to the U.S. Centers for Disease
Control and Prevention.