COLUMBUS, Ohio (Legal Newsline) – Kroger is accused of a fraudulent pricing scheme to overcharge customers buying generic prescription medication.
The lawsuit, filed as a class action Jan. 5 in Ohio federal court, charges third-party insurance providers for “usual and customary” prices when it should have accounted for lower prices paid through its Rx Savings Club.
The result for patients was inflated copays, the suit says.
“Because these discounts are so attractive, most of Kroger’s cash-paying customers now pay the RxSC price,” the suit says. “In other words, the RxSC price is now the price at which Kroger sells generic prescriptions to cash-paying customers as a usual and customary matter.
“As such, Kroger should list its loyalty discount prices as its U&C prices, which is what other national retail pharmacies such as Wal-Mart, Target, and Costco do.”
The firms Climaco Wilcox and Bursor & Fisher are pursuing the case.