Sony Music Sues Kroger Over 392 Alleged Unlicensed Uses of Songs in Social Media Ads

Sony Music has sued Kroger, accusing the grocery giant and its affiliates of using its recordings at least 392 times without permission in social media advertising, including songs by Harry Styles, Mariah Carey, Miley Cyrus and Beyoncé.

The copyright lawsuit, filed Aug. 21 in federal court in Los Angeles, targets videos posted on Kroger-run TikTok and Instagram accounts as well as promotional content created by paid influencers. Sony says the alleged uses appeared across brands including Ralphs, Mariano’s, Harris Teeter, King Soopers, Fred Meyer and Home Chef.

Sony argues Kroger knew separate permission was required because the company entered into at least 14 licensing agreements with the label between 2017 and 2025, including deals covering internet and social media use. The complaint also says Sony warned Kroger about the alleged infringement in June 2025, but new unauthorized posts continued as recently as Aug. 12.

One earlier agreement covered The Lovin’ Spoonful’s “Do You Believe in Magic” for a 2020 holiday campaign. Sony says the license expired at the end of that year, but versions of the advertisement remained publicly available on several Kroger-affiliated accounts afterward.

Music available to ordinary users on TikTok, Instagram, and other social platforms is not necessarily cleared for commercial advertising. Brands can need separate permission to use a particular sound recording in promotional content even when the music is available through the platform.

The complaint points to posts Sony says deliberately matched music with products or seasonal promotions. One Instagram post advertising watermelons used Styles’ “Watermelon Sugar,” while another featuring holiday cocktail recipes used Carey’s “All I Want for Christmas Is You.”

Sony says Carey’s holiday hit and OutKast’s “Hey Ya!” were each used at least 12 times. Other Kroger-affiliated posts allegedly featured major hits including Cyrus’ “Flowers,” Doja Cat’s “Paint The Town Red” and Beyoncé’s “Texas Hold ’Em.”

The label contends the recordings made Kroger’s advertising more recognizable and engaging while allowing the company to benefit from popular music without paying for the rights Sony says were required.

Sony also points to Kroger’s reported $1.18 billion in advertising costs during its 2025 fiscal year. The label cites that spending as part of its argument that the alleged infringement was knowing and willful.

Paid influencers are also part of the case. Sony seeks to hold Kroger responsible for promotional posts created by influencers hired to market its stores and products, alleging the company directed, approved, or benefited from content that used Sony recordings without authorization.

The lawsuit seeks damages and a permanent injunction barring further unauthorized use of Sony recordings. The label is also seeking enhanced statutory damages for infringement it alleges was willful.

Kroger had not publicly responded to the allegations as of Tuesday.

The case is part of a growing series of copyright disputes over music used in corporate social media advertising. Sony has pursued similar claims against Marriott and the University of Southern California, while Universal Music Group sued Chili’s parent company and Warner Music Group brought a case against Crumbl over promotional social media posts.

Sony and Designer Brands, the parent company of DSW, also recently disclosed a settlement in principle in a separate dispute over music used in social media advertising.

The Kroger lawsuit remains pending in the U.S. District Court for the Central District of California.