A recent settlement agreement was proposed between Kroger and the U.S. Department of Justice and the Environmental Protection Agency to resolve alleged Clean Air Act violations. The proposed settlement resolves Kroger’s apparent failure to promptly repair equipment leaks of the ozone-depleting hydrochlorofluorocarbon (HCFC) refrigerant, R-22, and to maintain EPA-required service records, between 2014 and 2023. Under this proposed settlement, Kroger agreed to pay a $2.5 million civil penalty and spend an estimated $100 million over the next three years to reduce leaks from its equipment and improve company-wide compliance with the EPA refrigerant emissions reduction program. The company also agreed to retrofit or replace 600 large commercial refrigeration systems to reduce ozone-depleting emissions and implement a refrigerant management system to prevent and repair leaks and maintain a corporate-wide annual average leak rate equal to or below 9.5%.

Kroger filled out the survey for EIA’s 2026 Supermarket Scorecard, providing updates from the company on its refrigerant use and management between 2024-present. The apparent leak repair violations occurred prior to the 2026 scorecard, but EIA will continue to closely follow any further developments and update as needed, to ensure that the scorecards contain the most up-to-date publicly available information relevant to those years.