Alaska Supreme Court Revives Opioid Suit Against Albertsons, Kroger
The state's lawsuit alleging unfair trade practices and public nuisance can now proceed in Alaska Superior Court on its merits.
Updated on Nov. 11, 2026 in Substance Abuse
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The Alaska Supreme Court overturned a two-year-old lower court decision that had dismissed the state's 2022 lawsuit against grocery chains Albertsons and Kroger. The state alleges the companies sold large amounts of addictive opioid pills while knowing the resulting harms.
Why it matters
The ruling allows the state to argue its claims that the companies violated the unfair trade practices law and acted as a public nuisance. The decision keeps open a legal avenue for holding pharmacies accountable for opioid dispensing in Alaska.
Alaska recorded 339 drug overdose deaths in 2024, down 5% from a record 357 the prior year. The Supreme Court ruled unanimously that the state adequately alleged the pharmacies unreasonably interfered with public rights, though the Unfair Trade Practices Act does not apply to most alleged actions.
The players
Albertsons
Albertsons is a large American supermarket chain and a named defendant in the state's opioid dispensing lawsuit.
Kroger
Kroger is one of the largest supermarket operators in the United States and a named defendant in the state's opioid dispensing lawsuit.
The details
Anchorage Superior Court Judge Una Gandbhir dismissed the suit in 2024, ruling neither the Unfair Trade Practices Act nor the public-nuisance law could apply. The Alaska Supreme Court heard oral arguments in February 2025 and found the Unfair Trade Practices Act applies to an alleged advertising campaign meant to mislead Alaskans, while most pharmacy conduct is regulated by the Alaska Board of Pharmacy.
Timeline
2022: State sued Albertsons and Kroger over opioid dispensing.
2024: Superior Court judge dismissed the state's lawsuit.
February 2025: Alaska Supreme Court heard oral arguments.
November 6, 2026: Alaska Supreme Court overturned the dismissal, reviving the lawsuit.
Health Landscape
The ruling tests whether Alaska's Unfair Trade Practices Act and public-nuisance law can reach pharmacy opioid dispensing, even where the Alaska Board of Pharmacy regulates most conduct. The outcome may shape how states pursue opioid-related claims against retail pharmacies.
Residents concerned about opioid access should be aware that pharmacy dispensing practices are now under closer legal scrutiny in Alaska. The lawsuit's progress may affect how pharmacies monitor opioid prescriptions in the state.
The takeaway
The Alaska Supreme Court's decision keeps the state's claims alive and signals that unfair trade practices and public-nuisance theories may still apply to opioid dispensing. Readers tracking opioid accountability should watch how the Superior Court handles the merits.
Further reading
For more background, explore Substance Abuse coverage on Wisevoter.
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