Sony Music sues Kroger over alleged copyright infringement in ads

Sony Music has sued The Kroger Co., alleging the grocery giant used Sony recordings in social media advertising without permission. The complaint was filed August 21 in the US District Court for the Central District of California.

Sony says it has identified at least 392 unauthorized uses of its recordings across Kroger's own social accounts and those of influencers paid to promote its brands. The suit names 19 Kroger entities as defendants, including Ralphs, Mariano's, Harris Teeter, Fred Meyer Jewelers, King Soopers and the meal-kit business Home Chef.

The complaint attributes the largest number of unauthorized posts to Mariano's, with at least 99 videos, followed by Kroger's own corporate accounts with 76 and the specialty grocer Murray's Cheese with 70.

Sony argues the infringement was knowing, pointing to a history of licensing deals between the two companies, including at least 14 agreements from 2017 through 2025. One of those, a seven-week license for the Lovin' Spoonful's "Do You Believe in Magic" for a 2020 holiday campaign, is central to the case: Sony says seven Kroger-affiliated brands kept versions of that campaign video publicly viewable well after the license expired, with one Ralphs video still up as recently as August 17.

Recordings named in the suit include Mariah Carey's "All I Want for Christmas Is You," OutKast's "Hey Ya!," Bill Withers's "Lovely Day" and Harry Styles's "Golden." Sony also alleges that Mariano's posted Miley Cyrus's "Flowers" just nine days after its 2023 release, days before the song hit No. 1 on the Hot 100, arguing the timing shows Kroger's banners deliberately picked songs for their cultural and chart momentum.

Sony says it first put Kroger on notice in June 2025 and that new infringing posts appeared as recently as August 12, 2026. It is seeking statutory damages of up to $150,000 per infringed work, plus a permanent injunction. The suit follows a string of similar actions by major labels against retailers including Marriott, USC, DSW, Chili's parent Brinker International and Crumbl.