On August 21, 2026, Ralph’s parent company, Kroger, was sued by Sony Music for copyright infringement in U.S. District Court for the Central District of California.
Sony alleges that Kroger used its recordings without permission or compensation in Kroger’s social media as well as promotion of its brands by influencers. This includes an advertising campaign featuring a song by the Lovin’ Spoonful entitled “Do you Believe in Magic?” Sony claims Kroger posted the song on its Facebook account in 2020 and asserts that the license for it expired on December 31, 2020. Sony also claims “that video was, and as recently as August 17, 2026, remained viewable on demand by any consumer with an internet-connected device in California.”
Other examples of songs plaintiff claims were used without a license include Bill Withers “Lovely Day,” Harry Styles “Golden,” Mariah Carey’s “All I want for Christmas is You,” and Outkast’s “Hey Ya.” Sony alleges, “It is no accident that the videos use some of the most popular sound recordings in Sony Music’s catalog.”
The lawsuit names numerous Kroger companies as defendants including Ralphs, Murray’s Cheese, Mariano’s, Ruler Foods and Home Chef. In addition to Sony, other plaintiffs include Arista Records, LaFace Records, and Zomba Recording.
The plaintiffs’ complaint states that Kroger, “directly markets and sells its Private Selection, Simple Truth, Kroger Brand, and other private-label product lines advertised in the videos to California consumers through California retail stores operated by its wholly-owned subsidiaries including Ralphs Grocery Company and Food 4 Less of California, Inc.”
Sony alleges that Kroger’s infringement is “willful” stating, “the Kroger Parties know licenses are required for this use of Sony Music Recordings.” Standard statutory damages for copyright infringement are from $750 to $30,000 per infringed work. For willful infringement the court can add enhanced statutory damages of up to $150,000 per infringed work. Plaintiffs also seek declaratory relief, an injunction, accounting, attorney fees and interest.
Sony contends the proof of willfulness is the fact that Kroger licensed recordings in the past from Sony from 2017 to 2025, and these licenses included internet and social media.
The complaint states: “Having previously negotiated and paid for such licenses, the Kroger Parties cannot claim ignorance of the licensing requirement.”
Sony put Kroger on notice of its claims in June of 2025 and alleges that Kroger continued to post infringing material as recently as August of 2026.
Sony asserts it attempted to enter settlement discussions with Kroger and asked Kroger to agree to what is known as a tolling agreement. This is an agreement between the parties that temporarily pauses the statute of limitations deadline for filing a lawsuit. In this manner, plaintiffs are not prejudiced by a delay in filing a complaint. Sony claims Kroger refused to enter into a tolling agreement and therefore Sony was compelled to file the lawsuit.
Bio: Glenn Litwak is a veteran music and entertainment attorney based in Santa Monica, CA. He has represented platinum-selling recording artists, music producers and hit songwriters, as well as management and production companies, music publishers and independent record labels. Glenn is also a frequent speaker at music industry conferences around the country, such as SXSW and the Billboard Music in Film and TV Conference. Glenn has been selected as a “Super Lawyer” by Super Lawyer Magazine for 2022-2027. Email Glenn at gtllaw59@gmail.com or check out his website at glennlitwak.com
