Kroger – Sony Music Lawsuit Explained

Sony Music Entertainment and several affiliated record labels sued Kroger in August 2026, accusing the grocery giant and numerous affiliated businesses of repeatedly using copyrighted songs without permission in social-media advertisements, including promotional videos created by paid influencers. Sony says it has identified at least 392 allegedly unauthorized uses of its recordings. Kroger has not been found liable, and the allegations remain contested claims in a newly filed federal lawsuit.

The Sony Music Lawsuit

Sony Music Sued Kroger And Numerous Affiliated Companies. Sony Music Entertainment, Alamo Records, Arista Music, Arista Records, LaFace Records, Provident Label Group, Records Label, Sony Music Entertainment US Latin, Ultra Records and Zomba Recording filed a copyright-infringement complaint against The Kroger Co. and numerous affiliates on August 21, 2026, in the U.S. District Court for the Central District of California. Defendants include companies associated with Ralphs, Fred Meyer, Smith’s, Mariano’s, Harris Teeter, Murray’s Cheese, Home Chef, Ruler Foods and other Kroger businesses. [Court Records]

Sony Says It Found At Least 392 Unauthorized Uses Of Its Recordings. According to the complaint, Sony identified at least 392 unique allegedly unauthorized uses of Sony-controlled recordings across Kroger corporate social-media accounts, subsidiary accounts and pages operated by influencers and other third parties affiliated with the retailer. Sony alleges the videos were advertisements promoting Kroger stores, products, brands, sales and promotions. [Court Complaint] [Music Business Worldwide]

Mariano’s, Kroger And Murray’s Cheese Accounts Were Among The Most Frequently Cited. Sony’s complaint attributed at least 99 allegedly infringing videos to Mariano’s accounts, 76 to Kroger corporate accounts and 70 to Murray’s Cheese. Other Kroger-owned or affiliated brands were also accused of using Sony recordings in promotional social-media videos. [Music Business Worldwide]

Influencer Advertising Allegations

Sony Says Kroger Paid Influencers Who Used Copyrighted Music In Ads. A major part of Sony’s lawsuit concerns influencer marketing. The label alleges that Kroger businesses recruited or compensated influencers through direct payments, commissions, free products and other benefits while imposing content requirements, providing promotional codes and using the resulting posts to advertise Kroger products. Sony argues that this relationship makes Kroger potentially responsible for alleged infringement in influencer-created content. These are allegations in Sony’s complaint and have not been adjudicated. [Court Complaint]

A Home Chef Influencer Ad Is Specifically Identified In The Lawsuit. Sony cites an April 2022 social-media video posted by influencer @kymjacksonsmith promoting Kroger-owned Home Chef. The video directed viewers to use the code “Kym100” for $100 off an order and was marked “#ad.” Sony alleges that the commercial post used one of its recordings without a license and says Home Chef engaged paid influencers to promote its meal-kit service. [Court Complaint]

Sony Cited A Kroger Influencer Collaboration Using Kaytranada’s “Spit It Out.” The complaint alleges that Pick ’n Save, Mariano’s and Metro Market collaborated with the food influencer account @mentionables_eats on a May 2025 Instagram advertisement using Kaytranada’s “Spit It Out.” Sony says the post explicitly identified itself as a partnership and collaboration involving the influencer and Kroger-affiliated brands. [Court Complaint]

Sony Says Kroger Had Control Over Influencer Advertising. Sony alleges that Kroger and its businesses were not simply passive beneficiaries of influencer posts. The complaint claims Kroger’s social-media and influencer campaigns were managed by an internal team, that Kroger businesses could review or approve advertising before publication and that some influencers used Instagram’s collaboration feature so posts appeared on both the influencer’s account and Kroger-controlled accounts. Sony argues these practices demonstrate knowledge of and participation in the advertising. Kroger has not been found liable for those claims. [Court Complaint]

Sony Also Accused Some Influencers Of Failing To Disclose Compensation. In addition to its copyright allegations, Sony asserted “upon information and belief” that additional influencer advertisements existed in which influencers did not disclose that Kroger was compensating them, which Sony said was contrary to Federal Trade Commission disclosure guidelines. This allegation comes from Sony’s complaint; it is not a separate FTC finding against Kroger or the influencers. [Court Complaint]

Songs Named In The Dispute

The Alleged Uses Included Major Hits From Mariah Carey, OutKast And Other Artists. Recordings identified in the case include Mariah Carey’s “All I Want for Christmas Is You,” OutKast’s “Hey Ya!,” Bill Withers’ “Lovely Day” and Harry Styles’ “Golden.” Sony says “All I Want for Christmas Is You” and “Hey Ya!” were each used at least 12 times. [Music Business Worldwide]

Sony Accused Mariano’s Of Using Miley Cyrus’ “Flowers” Days After Its Release. Sony alleges Mariano’s posted promotional content using Miley Cyrus’ “Flowers” on January 21, 2023, just nine days after the song was released. The label argues that examples like this show Kroger businesses deliberately selected popular or culturally relevant recordings to make advertising more effective. [Music Business Worldwide]

Previous Music Licenses

Sony Says Kroger Previously Paid To License Its Music. According to the lawsuit, Kroger entered into at least 14 licenses involving Sony recordings between 2017 and 2025. Sony cites those earlier agreements as evidence that Kroger understood that commercial use of recordings in advertising could require permission and payment. [Music Business Worldwide]

Sony Says A 2020 Holiday Ad Remained Online After Its License Expired. Sony says Kroger obtained a seven-week license to use The Lovin’ Spoonful’s “Do You Believe in Magic” in a 2020 holiday advertising campaign running from November 13 through December 31. The lawsuit alleges that versions posted by City Market, Baker’s, Dillons, King Soopers, Fry’s Food Stores, Pick ’n Save and Ralphs remained publicly accessible after the license expired, including a Ralphs version that Sony says was still viewable in August 2026. [Music Business Worldwide]

Sony’s Warnings To Kroger

Sony Says It Warned Kroger More Than A Year Before Filing Suit. The complaint states that Sony first notified Kroger of alleged infringement on June 30, 2025 and continued sending notices as it discovered additional examples. Sony alleges that unauthorized material nevertheless continued to appear, including new content posted as recently as August 12, 2026. [Court Complaint] [Music Business Worldwide]

Sony Says Kroger Refused A Tolling Agreement During Settlement Discussions. Sony alleges that it repeatedly proposed a tolling agreement that would have preserved the companies’ legal rights while they explored a possible resolution, but says Kroger declined. Sony cited the alleged continued infringement and refusal to enter the agreement as reasons it ultimately filed suit. [Music Business Worldwide]

Damages And Legal Claims

Sony Is Seeking Potential Statutory Damages Of Up To $150,000 Per Infringed Work. The complaint asserts claims including direct, contributory and vicarious copyright infringement. Sony seeks either actual damages and attributable profits or statutory damages, which can reach as much as $150,000 for each work found to have been willfully infringed, along with attorneys’ fees, costs and injunctive relief. The amount Sony ultimately could recover would depend on the recordings legally established as infringed and rulings by the court; the 392 alleged uses should not simply be multiplied by $150,000. [Court Complaint]

The Case Is At An Early Stage. Sony Music Entertainment et al. v. The Kroger Co. et al., case number 2:26-cv-09358, was filed August 21, 2026. As of the initial reporting on the lawsuit, the docket reflected the complaint and initial filing documents, not a judicial ruling on Sony’s allegations. Music Business Worldwide reported that it had contacted Kroger for comment. [Court Docket] [Music Business Worldwide]