‘That’s the law’: Consumer Reports investigated 26 Kroger stores in 14 states and found more than 150 instances of expired or misleading price tags — and it’s a ‘big problem’ for US consumers

How widespread is the issue?

According to the report, CR recruited people to visit 26 Kroger stores — including Kroger, Harris Teeter, Fred Meyer, Fry's and Ralphs — across 14 states and the District of Columbia during March, April and May 2025.

Shoppers documented more than 150 items where expired or misleading sales tags could have caused customers to pay more at checkout than the price listed on the shelf. Roughly one-third of the tags were outdated by at least 10 days, and several, they say, expired months before.

The average overcharge was $1.70 per item — or, 18.4% more than the advertised sale price.

“People should pay the price that is being advertised, that’s the law,” Consumer World founder Edgar Dworsky told CR.

“The issue here is that shoppers can’t rely on the shelf price being accurate, and that’s a big problem.”

Items affected included a range of household staples and name-brand goods such as cereal, medication, instant coffee, meats, seafood and pet food. In some cases, the shelf tags still displayed promotional pricing well after the sale had ended, potentially misleading shoppers into thinking they were getting a discount.

One example, KTLA News reports, was an 8-pack Mission Flour Tortillas advertised as on sale for $2.99 but showing as $4.00 when the CR shoppers checked their receipts.

A Kroger representative responded to the report, saying the company regularly checks prices for accuracy and called the CR report a “few dozen examples across several years out of billions of customer transactions annually.” The company said that while no errors are acceptable, characterizing a few mistakes as "widespread pricing concerns" is false.

While Kroger is the latest retailer to come under scrutiny, it's not the only one. Other chains, including Walmart and Vons, have faced similar accusations in recent months. In October 2024, Albertsons agreed to pay $4 million to settle a lawsuit that accused the California grocery chain of charging more than the lowest advertised price for various items.

Consumer advocates say the issue may be more common than most shoppers realize, and without checking receipts and shelf tag dates, many overcharges can easily go unnoticed.

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How to avoid being overcharged on your groceries

While price errors may not be intentional, they can still cost you money — especially if you're buying multiple items you thought were on sale. Consumer advocates say overcharges often go unnoticed, but with a few simple steps, shoppers can reduce the risk of paying more than they should.

Here are a few ways to protect yourself at the register:

• Double-check your receipt. Review it before leaving the store to ensure sale prices were applied correctly.

• Take pictures of sale tags. If you’re concerned something won’t ring up right, take a photo of the tag to show the clerk.

• Look for expiration dates on sale tags. Some tags may still be posted even after the promotion ends. Check before you decide to purchase items you think are on sale.

• Speak up. If the price at checkout doesn’t match what was listed on the shelf, ask for a correction.

• Know the rules. Most states do not have a law that requires stores to honor an expired sale tag. However, some stores will as a gesture of goodwill.

Even major grocery chains can make mistakes, but staying alert can help ensure you’re actually getting the deals you came for.