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On April 23, 2024, Attorney General Bob Ferguson announced that Washington entered into a $47.5 million settlement with Kroger, which does business as QFC and Fred Meyer in Washington, payable over 11 years. All of this amount will be dedicated to abating the opioid crisis in Washington. Washington’s settlement is part of the multistate settlement with Kroger.
As with the prior opioid settlements, this new settlement is contingent on eligible cities and counties joining the settlement. If not enough cities and counties join, the settlement is void. Check the current status of local governments who have signed on here.
The deadline for cities and counties to join the settlement is August 12, 2024.
If all eligible cities and counties join as they did for the prior settlements, cities and counties will receive $23.75 million, which is half of the abatement amount, over 11 years.
The Allocation Agreement III splits settlement amount between the State and Washington cities and counties. The One Washington Memorandum of Understanding between the Washington Municipalities splits the city and county settlement share. Exhibit B lists each local government’s percentage share. This amount must be spent on opioid remediation to abate the opioid crisis in their communities.
How to join the settlement
A city or county can join the settlement by signing and returning the Participation Form and the Allocation Agreement III document on the DocuSign platform using the link that each will be receiving from the Settlement Administrator.
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Participation Form for the Kroger settlement. Allocation Agreement III (signature page is on page 8) |
While the electronic platform is strongly preferred, if the city or county prefers, the fully completed (1) Participation Form and (2) Allocation Agreement III can be returned to the Settlement Administrator via email at opioidsparticipation@rubris.com.
Detailed instructions on how to sign and return the Participation Form and Allocation Agreement III, including changing the authorized signer, can be found at https://nationalopioidsettlement.com. You may also contact opioidsparticipation@rubris.com.
The deadline for cities and counties to join the settlement is August 12, 2024.
The settlement documents
The Participation Form requires the local governments to abide by the terms of the settlement agreement, which can be found here: Kroger multi-state settlement. The Allocation Agreement III splits the Washington settlement amount between the State and Washington cities and counties. The One Washington Memorandum of Understanding between the Washington Municipalities is Exhibit A of the Allocation Agreement III and details the apportionment of the settlement proceeds between the Washington local governments.
Contacting the AGO
If you have questions about the settlement or the process to join the settlement, please contact Jeff Rupert, the Division Chief for the AGO’s Complex Litigation Division at Jeffrey.Rupert@atg.wa.gov and comopioidscases@atg.wa.gov. The AGO will be monitoring the sign-on progress and encouraging all eligible local governments in Washington to join
All opioid settlements
This settlement does not affect the amounts that Washington will receive from past settlements.
The estimated $47.5 million in resolutions from Kroger as well as others like McKinsey, Mallinckrodt, the three major opioid distributors, five pharmacy and manufacturer settlements, and Johnson & Johnson will bring Washington state’s overall total to more than $1.1 billion to help fund the state’s opioid abatement and recovery programs.