Sony Music Entertainment has sued The Kroger Co. over the alleged unlicensed use of its sound recordings in social media advertising.
The complaint was filed on Friday (August 21) in the US District Court for the Central District of California.
Sony Music says it has identified at least 392 unauthorized uses of its recordings on Kroger‘s social media accounts and on the accounts of influencers paid to promote its brands.
The complaint, which you can read here, states that Kroger disclosed advertising costs of approximately USD $1.18 billion in its 2025 fiscal year, ended January 2026.
“Kroger‘s decision to devote substantial resources to advertising while refusing to pay for the sound recordings that made those advertisements more engaging further confirms that the Kroger Parties’ infringement was knowing and willful,” the Sony Music complaint states.
The action seeks to stop what the complaint describes as the “rampant infringement of Sony Music‘s sound recording copyrights.”
The suit names 19 Kroger corporate entities as defendants, spanning banners including Ralphs, Mariano’s, Harris Teeter, Fred Meyer Jewelers, King Soopers, Murray’s Cheese, Ruler Foods, and meal-kit business Home Chef.
Joining Sony Music Entertainment as plaintiffs are nine affiliated labels, including Alamo Records, Arista Records, LaFace Records, Ultra Records, Provident Label Group, and Zomba Recording.
The filing attributes the largest per-account totals to Mariano’s, with at least 99 videos; Kroger‘s own corporate accounts, with 76; and Murray’s Cheese, with 70.
Murray’s Cheese is the specialty cheese business Kroger owns, with counters in more than a thousand of its stores.
Kroger‘s alleged infringement is “willful,” the complaint states, adding: “The Kroger Parties know licenses are required for this use of Sony Music Recordings.”
That argument rests in large part on Sony and Kroger‘s own licensing history.
Sony Music says The Kroger Co. entered into at least 14 licenses with the major from as early as 2017 through as recently as 2025.
Those deals covered Sony recordings in advertising for Kroger and its subsidiaries, with terms that explicitly extended to the internet and social media.
“Having previously negotiated and paid for such licenses, the Kroger Parties cannot claim ignorance of the licensing requirement,” the Sony Music complaint states.
One of those deals is central to the case against Kroger.
Sony Music says it granted Kroger a seven-week license to use The Lovin’ Spoonful‘s Do You Believe in Magic in a 2020 holiday campaign across television, radio, the internet, and social media.
The license ran from November 13, 2020 to December 31, 2020.
Seven Kroger-affiliated brands – City Market, Baker’s, Dillons, King Soopers, Fry’s Food Stores, Pick ’n Save, and Ralphs – each kept their own version of the campaign video publicly viewable after it expired, Sony alleges.
One Ralphs video was still viewable as recently as August 17, 2026, the filing says.
Sony Music says it put Kroger on notice as early as June 30, 2025, and that new infringing content was posted as recently as August 12, 2026.
Sony says it repeatedly asked Kroger to enter a tolling agreement so the two sides could pursue settlement talks without prejudicing either party’s rights, and that Kroger refused.
“The Kroger Parties’ continued infringing conduct, combined with their persistent refusal to agree to a tolling arrangement, left Sony Music with no choice but to file this action to protect its rights,” the complaint states.
“The Kroger Parties’ continued infringing conduct, combined with their persistent refusal to agree to a tolling arrangement, left Sony Music with no choice but to file this action to protect its rights.”
Sony Music‘s complaint
Recordings listed in the suit include Mariah Carey‘s All I Want for Christmas Is You and OutKast‘s Hey Ya!, each allegedly used at least 12 times, alongside Bill Withers‘ Lovely Day and Harry Styles‘ Golden.
“It is no accident that the Videos use some of the most popular sound recordings in Sony Music‘s catalog,” the complaint states.
Sony also alleges that Kroger’s banners timed posts to song releases and chart peaks.
Mariano’s is accused of using Miley Cyrus‘ Flowers on January 21, 2023, nine days after the track’s release.
Billboard announced three days later that Flowers had debuted at No. 1 on the Hot 100.
“The Kroger Parties’ selection of the Sony Music Recordings is calculated,” the filing states.
“The Kroger Parties choose specific recordings because of their cultural and seasonal associations and use those associations to sell products.”
The complaint also targets Kroger’s influencer marketing, citing a 2022 TikTok video promoting Home Chef tagged “#ad” and carrying a USD $100 discount code.
Sony argues that Kroger Precision Marketing – the grocer’s retail media business, run through its data-science subsidiary 84.51° – reviews and formally approves advertising creative before it runs, giving the parent company control over what its banners post.
Sony‘s complaint works through the defendants one by one – in a few cases in clusters – on why each should answer in California, from Ralphs‘ approximately 182 stores in the state to the California privacy notices published by Harris Teeter and Mariano’s.
Sony Music brings claims for direct, contributory, and vicarious infringement, and seeks statutory damages of up to USD $150,000 per infringed work, plus a permanent injunction and costs.
MBW has approached Kroger for comment.
MBW has found no record of an earlier copyright suit against Kroger by a major music company, though the majors have brought a run of them against other brands.
Sony Music and Marriott jointly moved to dismiss a lawsuit with prejudice in October 2024, over what Sony called “rampant” infringement across hotels Marriott owns, manages or franchises.
Sony had identified 931 instances of unauthorized use of its music.
Sony settled with the University of Southern California in March 2026, over 283 posts from the school’s athletics accounts featuring 170 Sony-owned songs.
In August 2025, Sony sued DSW Designer Shoe Warehouse and parent Designer Brands over what it said were at least 122 of its recordings used in more than 170 unauthorized video promotions.
In November 2025, a magistrate judge in the Central District of California dismissed that case “for now,” as Bloomberg Law put it. Sony had established personal jurisdiction over DSW Shoe Warehouse, the judge found, but not over footwear brand Topo Athletic or parent Designer Brands.
The action continued, and Sony and the DSW defendants told the court they had reached a settlement in principle – subject to a final agreement – four days before Kroger was sued.
Universal Music Group sued Brinker International, owner of Tex-Mex chain Chili’s, in October 2024.
In April 2026, UMG and Concord sued fashion retailer Quince over what they called “rampant and brazen infringement,” in a case that also targeted the brand’s influencer partnerships.
Warner Music Group has brought its own actions against Crumbl, DSW, and PacSun.
Sony says its investigation is ongoing and there are “undoubtedly additional infringing videos” it has yet to find, including ephemeral posts on Instagram Stories, Snapchat, and TikTok Stories.
Sony Music is represented in the case by Proskauer Rose LLP.Music Business Worldwide
