Alaska high court revives opioid lawsuit against pharmacy operators
ACI•Alaska’s Supreme Court ruled the state can pursue a public nuisance claim alleging Albertsons and Kroger pharmacies failed to meet obligations when dispensing opioids. The state is seeking remedies that could include addiction treatment and wider naloxone availability if the companies are found liable.
1. Court revives claim
The Alaska Supreme Court reversed a 2024 dismissal, ruling that the state plausibly alleged pharmacies operated by Albertsons and Kroger created a public nuisance by failing to fulfill legal obligations when dispensing opioids. The unanimous court said Alaska can pursue a claim that the pharmacies misled the public about meeting those obligations.
2. Potential remedies
If the companies are found liable, Alaska says they should address the alleged nuisance by providing addiction treatment to patients and making naloxone widely available. The state’s Department of Law welcomed the ruling and said it looked forward to the case moving forward in the coming months.
3. Other opioid cases
The state sued in 2022 and alleged that the companies’ pharmacies failed to monitor and report suspicious opioid prescriptions. A judge in Washington state ordered Albertsons to pay $900 million in a similar case a day before the Alaska ruling; Kroger agreed in 2023 to pay as much as $1.4 billion to resolve similar nationwide cases.
