Tennessee Attorney General Herbert H. Slatery III filed a lawsuit against Food City Supermarkets and K-VA-T Food Stores in Knox County Circuit Court, alleging the grocery chain’s pharmacies unlawfully sold massive quantities of prescription opioids, specifically Oxycodone 30mg (Oxy 30), contributing to the state’s opioid crisis. The lawsuit claims Food City knowingly profited from this epidemic for over a decade.
The state argues that Food City violated the Tennessee Consumer Protection Act and public nuisance statutes, creating a common-law public nuisance by endangering public health and disrupting the commercial marketplace. The Attorney General emphasized that while selling opioid prescriptions is not inherently problematic, Food City’s methods were. He stated the company was aware of customer addictions and the notorious reputation of the prescribing “pill mills,” yet prioritized profits over public safety. The state intends to hold businesses accountable for knowingly collaborating with or ignoring suspicious clinics and providers contributing to the opioid crisis, which claims four to five lives daily in Tennessee.
The 208-page complaint details Food City’s alleged misconduct, including: selling over 206 million prescription opioids, with 25% sold at a single Bearden location (Food City #674); selling over 42.5 million Oxy 30 pills, with 44% sold at the same Bearden store; disregarding reports of suspicious prescribers even after raids, disciplinary actions, arrests, and indictments; routinely dispensing large quantities of dangerous high-risk prescription combinations like the “Holy Trinity” (opioid, benzodiazepine, and muscle relaxer).
The complaint also alleges that Food City sold Oxy 30 and other opioids to individuals involved in drug trafficking; purchased more Oxy 30 for its Bearden store from AmerisourceBergen than all of the distributor’s other pharmacy customers in 38 states and the District of Columbia combined; sold opioids with higher morphine milligram equivalents (MMEs) at its Bearden location than all pharmacies in 81 Tennessee counties; and created a prescription savings card program that offered discounts on all opioids, attracting individuals seeking cheap oxycodone.
Food City is also accused of hoarding opioids by ordering maximum quantities from suppliers, actively seeking secondary Oxy 30 suppliers, pressuring employees to increase opioid sales and fill suspicious prescriptions, threatening employees over low sales figures, and retaining employees at high-volume opioid-selling stores despite policy violations. Furthermore, the lawsuit alleges Food City illegally transferred opioids between pharmacies to circumvent supplier limits, continued selling opioids despite overdoses occurring on store property, resisted reports of compliance issues, and sold large quantities of opioids to individuals from foreign countries and distant states.
This lawsuit is part of a broader effort by the state to address opioid-related misconduct. Previous lawsuits have targeted manufacturers like Purdue Pharma and Endo Pharmaceuticals, as well as distributor AmerisourceBergen. Tennessee also leads a multistate investigation into manufacturers and distributors, seeking accountability and financial recovery to mitigate the opioid epidemic. The Attorney General’s Office aims to secure funds and resources for opioid abuse prevention, treatment, and education in affected communities. The full complaint is available online.
