News
What’s next for Albertsons after calling off its $25B grocery merger with Kroger: More lawsuits
Last Updated on December 31, 2024 by Daily News Staff
Christine P. Bartholomew, University at Buffalo
Albertsons announced on Dec. 11, 2024, that it had called off an attempted merger with Kroger and would sue Kroger for breach of contract. The US$25 billion deal, first announced in 2022, would have combined Cincinnati-based Kroger, already the largest traditional U.S. supermarket chain, with Boise, Idaho-based Albertsons, which is currently the third-biggest grocer.
The Conversation U.S. asked Christine P. Bartholomew, a professor at the University at Buffalo School of Law who researches consumer protection, to explain how the merger failed and why it matters.
Which supermarkets belong to the two companies?
Kroger has 28 subsidiaries with nearly 2,800 supermarkets, including Harris Teeter, Dillon’s, Smith’s, King Soopers, Fry’s, City Market, Owen’s, JayC, Pay Less, Baker’s Gerbes, Pick‘n Save, Metro Market, Mariano’s Fresh Market, QFC, Ralphs and Fred Meyer.
Albertsons owns and operates more than 2,200 supermarkets through its many brands. They include Safeway, Vons, Jewel-Osco, Shaw’s, Acme, Tom Thumb, Randalls, United Supermarkets, Pavilions, Star Market, Haggen, Carrs, Kings Food Market and Balducci’s.
Kroger and Albertsons also operate supermarkets branded with their own names.
Had the merger gone forward, it would have been the largest of its kind in U.S. history, affecting millions of grocery shoppers.
To ward off regulators’ concerns, prior to canceling the transaction, the chains announced in 2023 a plan to sell hundreds of their supermarkets across the United States to C&S Wholesale Grocers. They updated this plan in 2024, pledging to not close any stores.
Why did Kroger want to acquire Albertsons?
The companies argued that they needed to join forces to compete against even bigger online and big box retailers. In recent years, Walmart and Costco have gained market share, while other chains have held steady or lost ground.
The companies also feared stiff competition from dollar stores, one of the fastest-growing segments of U.S. retail.
The federal government opposed the merger, with the U.S. Federal Trade Commission suing to block it. Had the deal gone through, the new company would have cemented its position, ensuring it has the largest market share for grocery purchases after Walmart.
What happened in court?
In February 2024, the FTC, along with state attorneys general representing consumers in eight states – Arizona, California, Illinois, Maryland, Nevada, New Mexico, Oregon and Wyoming – filed a federal lawsuit in Oregon to block the merger. So did the District of Columbia’s attorney general.
This wasn’t the only legal challenge the merger faced. The Washington and Colorado attorneys general both filed suit in their own states to block the merger.
After hearings in both cases and months of uncertainty, the judges in both Oregon and Washington issued their rulings.
U.S. District Court Judge Adrienne Nelson, in Portland, Oregon, on Dec. 10, which blocked the merger pending the outcome of the administrative proceedings before the FTC.
A few hours later, Judge Marshall Ferguson in Seattle issued a permanent injunction barring the merger in Washington state only. Both judges determined that the merger risked significantly reducing competition and that the companies didn’t offer enough evidence that the merger would help consumers.
“We’re standing up to mega-monopolies to keep prices down,” Ferguson said. He called the injunction “an important victory for affordability, worker protections and the rule of law.”
Albertsons and Kroger’s plan to offload stores to C&S didn’t impress the judges. Not only did Nelson find the divestiture insufficient in scale, but she ruled it was “structured in a way that will significantly disadvantage C&S as a competitor.”
Albertsons v. Kroger
The morning after the Washington and Oregon decisions were issued, the deal was dead.
Albertsons announced it terminated the merger agreement, citing the court decisions.
Both companies still face significant legal challenges, though. Five minutes after announcing its intent to back out of the deal, Albertsons issued a second press release announcing it had filed a lawsuit against Kroger.
Albertsons said Kroger willfully breached the deal “by repeatedly refusing to divest assets necessary for antitrust approval, ignoring regulators’ feedback, rejecting stronger divestiture buyers and failing to cooperate with Albertsons.” The suit seeks significant damages, including “billions of dollars” for lost shareholder value and legal costs, as well as a $600 million merger breakup fee.
In response, Kroger said that “Albertsons’ claims are baseless and without merit.”
Albertsons’ suit against Kroger is pending in Delaware Court of Chancery, which hears many legal business disputes. The complaint remains temporarily under seal.
This article includes passages that appeared in an article about the proposed merger that was published on Feb. 28, 2024.
Christine P. Bartholomew, Professor of Law, University at Buffalo
This article is republished from The Conversation under a Creative Commons license. Read the original article.
Food Truths
The Truth About the “Chemical” in McDonald’s Burger Buns: Should Consumers Be Concerned?
What’s in the Burger Buns:The “yoga mat chemical” controversy changed how consumers view food additives. Here’s what azodicarbonamide is, why McDonald’s removed it, and what the science actually says.
For years, headlines and social media posts have warned consumers about a so-called “yoga mat chemical” found in hamburger buns served by major fast-food chains. The claims sparked widespread concern, prompted petitions, and eventually led several restaurant companies—including McDonald’s—to change their recipes.
But what was the chemical, and is there actually a health risk today?
What Was the Controversial Ingredient?
The ingredient at the center of the controversy was azodicarbonamide (ADA), a chemical used as a dough conditioner. It helped improve the texture of bread, making dough easier to handle and producing softer, more consistent buns.
Ironically, the same compound is also used in manufacturing certain foamed plastics, including some yoga mats and shoe soles. That connection gave rise to the viral nickname, “the yoga mat chemical.”
While the comparison was technically accurate, it also lacked important context. Food-grade azodicarbonamide and industrial applications are very different, and many chemicals have multiple uses across industries.
Why Did People Become Concerned?
The concern wasn’t simply that ADA was used in food. Scientists focused on what happens during baking.
When bread is baked, most azodicarbonamide breaks down into other compounds. Some laboratory studies involving animals raised questions about one of these breakdown products, called semicarbazide (SEM), when administered in high doses.
Those findings prompted some countries to take a more cautious regulatory approach.
Why Is It Banned in Some Countries?
The European Union and Canada do not permit azodicarbonamide as a flour treatment agent. Their food safety policies often follow the precautionary principle, removing ingredients when safer alternatives exist or when scientific uncertainty remains.
In contrast, the U.S. Food and Drug Administration has determined that azodicarbonamide is safe when used within approved limits.
These differing regulations don’t necessarily mean one side believes the ingredient is dangerous while the other believes it is harmless. Instead, they reflect different philosophies about regulating food additives.
Does McDonald’s Still Use It?
No.
McDonald’s removed azodicarbonamide from its U.S. hamburger buns in 2014 following growing consumer demand for simpler ingredient lists.
Today’s buns no longer contain the ingredient, joining a broader trend among food manufacturers to eliminate additives that have become controversial with consumers.
Are There Other Ingredients Consumers Should Know About?
Modern commercial bread still contains ingredients designed to improve freshness, texture, and shelf life.
These may include:
- Calcium propionate to prevent mold
- Ascorbic acid (Vitamin C) as a dough conditioner
- Enzymes that improve consistency
- Emulsifiers that help maintain softness
These ingredients have been evaluated by food safety agencies and are generally recognized as safe when used according to regulations.
The Bigger Health Picture
Nutrition experts generally agree that focusing on one ingredient can distract from the larger issue.
The greatest health risks associated with fast food are more closely linked to:
- High sodium intake
- Excess saturated fat
- Added sugars
- Large portion sizes
- Frequent consumption of ultra-processed foods
An occasional fast-food meal is unlikely to determine someone’s long-term health. Overall dietary patterns, physical activity, sleep, and other lifestyle factors have a much greater impact.
Consumer Awareness Is Changing the Food Industry
Whether or not an ingredient poses a measurable health risk, public concern can influence corporate decisions.
Over the past decade, many food companies have reformulated products to remove controversial ingredients, reduce artificial additives, and simplify ingredient labels. In many cases, those changes have been driven as much by consumer preferences as by regulatory requirements.
The Bottom Line
The “yoga mat chemical” story captured public attention because it combined science, food safety, and memorable marketing. While azodicarbonamide was once used in some hamburger buns, including those supplied to McDonald’s, the company removed it from its U.S. buns years ago.
Current evidence suggests consumers are better served by paying attention to their overall diet rather than worrying about a single ingredient that has already disappeared from many products.
Being an informed consumer means looking beyond the headlines, understanding the science, and recognizing that nutrition is about the complete picture—not just one ingredient.
Related External Links
- U.S. FDA – Food Additives & GRAS Ingredients Information for Consumers
- U.S. FDA – Food Additives and Petitions
- FDA – Azodicarbonamide (ADA) Food Substance Database
- Electronic Code of Federal Regulations – 21 CFR §172.806 (Azodicarbonamide)
- FDA – Types of Food Ingredients and Why They’re Used
- Health Canada – Permitted Flour Treatment Agents
- McDonald’s USA – Nutrition Calculator & Ingredient Information
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STM Blog
Association of Black Cardiologists to Celebrate Legacy and Leadership at 16th Annual Spirit of the Heart Awards
The Association of Black Cardiologists (ABC) is bringing its signature celebration of impact back to New York City this fall—spotlighting leaders and organizations working to make cardiovascular care more equitable, more accessible, and more effective. The 16th Annual Spirit of the Heart Awards Program & Fundraiser is set for Saturday, October 3, 2026 (6:00 p.m.–9:00 p.m.) at Cipriani Wall Street in Manhattan.
For ABC, the evening is more than a high-profile awards program. It’s a cornerstone fundraising event that helps power the organization’s year-round work—supporting medical student scholarships, fellowships, education, and programs designed to strengthen the pipeline of diverse clinicians and researchers while improving outcomes in communities that carry a disproportionate burden of heart disease.
A fundraising night with long-term stakes
ABC leaders say the Spirit of the Heart Awards is built around a simple idea: celebrating progress while investing in the people who will drive the next wave of change.
Event co-chair Icilma Fergus, MD—Director of the Cardiovascular Disparities Center at Mount Sinai Medical Center and Board Chair of ABC—framed the night as a forward-looking commitment.
“This gathering is about more than one evening of celebration; it is about investing in the future of cardiovascular health for years to come,” Fergus said in the announcement. She added that the support generated through the event helps expand opportunities for aspiring clinicians, researchers, and leaders whose work can transform care and improve lives nationwide.
Honorary Chairperson: Samin K. Sharma, MD
ABC announced Samin K. Sharma, MD as the event’s Honorary Chairperson. Sharma serves as Chief of Clinical Cardiology, Director of the Cardiovascular Clinical Institute, and the Anandi Lal Sharma Professor of Medicine at the Icahn School of Medicine at Mount Sinai.
In the release, ABC highlighted Sharma’s international reputation in interventional cardiology and physician education, noting that he has trained cardiovascular specialists from around the world while advancing the field through research, mentorship, and patient care.
“I am honored to serve as Honorary Chairperson for this important event,” Sharma said. “The Spirit of the Heart Awards Program reflects the power of partnership, philanthropy, and leadership to advance cardiovascular health.”
A full weekend of impact, including policy
The awards program is part of a broader weekend of programming. On Friday, October 2, ABC will host its Annual Policy Pulse Summit at Venable LLP in New York City, convening leaders to discuss policy issues shaping the future of cardiovascular health.
What to expect at the Spirit of the Heart Awards
ABC is positioning the evening as both a celebration and a community gathering—bringing together leaders from healthcare, philanthropy, industry, and advocacy.
The event will be co-emceed by:
- Sandra Bookman, award-winning journalist and anchor of Eyewitness News on ABC7/WABC-TV New York
- Thomas Cunningham IV, President and Chief Content Officer of BrandCunningham
The program is expected to include:
- Presentation of the Spirit of the Heart Awards
- Recognition of medical student scholarship recipients
- Special guest appearances
- A live auction
- Musical entertainment
Event co-chair Barbara Hutchinson, MD, PhD, President of Chesapeake Cardiac Care, emphasized the role of sustained collaboration in moving the needle on heart health.
“The Spirit of the Heart Awards Program is a reminder that lasting progress in cardiovascular health is achieved through vision, partnership, and sustained commitment,” Hutchinson said.
How to attend, sponsor, or support
ABC is directing attendees and supporters to its event site for tickets, sponsorship opportunities, and donations:
- Event info / tickets / sponsorship / donations: https://abcardioevents.org
About the Association of Black Cardiologists
Founded on the belief that “every heart counts,” the Association of Black Cardiologists works to promote prevention and treatment of cardiovascular disease and to advance health equity by eliminating disparities. ABC’s membership is open to all, regardless of race, ethnicity, or vocation. The organization’s work spans education, advocacy, research, patient and community outreach, and leadership development.
- Organization website: https://abcardio.org
Source and media contact
- Press release source (PRNewswire): https://www.prnewswire.com/news-releases/association-of-black-cardiologists-to-celebrate-legacy-and-leadership-at-16th-annual-spirit-of-the-heart-awards-302206000.html
Media Contact (from the release):
- Akeia Blue, VP of Communications
- 419395@email4pr.com
- 240-321-9227
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Food and Beverage
Millions of Eggs Recalled Over Possible Salmonella Risk: What Consumers Need to Know
A major egg recall is affecting nearly 1.6 million dozen eggs sold under several popular brands. Here’s how to determine if your eggs are included and what steps to take if they are.
News You Can Use This Moment!
Consumers are being urged to check their refrigerators after a major recall involving nearly 1.6 million dozen shell eggs due to the potential presence of Salmonella Enteritidis, a bacterium that can cause serious foodborne illness.
The voluntary recall, announced by Midwest Poultry Services, L.P., affects white shell eggs and brown cage-free eggs produced at two Texas farms and distributed between June 6 and July 3, 2026. According to the U.S. Food and Drug Administration (FDA), the eggs were sold through grocery stores and foodservice distributors in Texas, Louisiana, Oklahoma, Arkansas, Mississippi, and New Mexico.
What Brands Are Included?
The recalled eggs were sold under several familiar brand names, including:
- Kroger
- Simple Truth
- Brookshire’s
- Country Morning
- Sunups
Not every carton under these brands is affected. Consumers should look for:
- Plant Code: P-1950 or 0840962
- Julian Dates: 157 through 184
- Best By/Sell By Dates: July 20, 2026, through August 17, 2026
Why the Recall Matters
Salmonella can cause symptoms including:
- Diarrhea
- Fever
- Stomach cramps
- Nausea
- Vomiting
Symptoms typically begin 12 to 72 hours after eating contaminated food and usually last four to seven days. While many healthy adults recover without treatment, infections can become severe in young children, older adults, pregnant women, and people with weakened immune systems.
The FDA and the Centers for Disease Control and Prevention (CDC) are investigating a multistate outbreak involving 98 confirmed illnesses across 17 states, resulting in 26 hospitalizations. No deaths have been reported. Investigators say the recalled eggs are linked to part of the outbreak, although they do not account for every reported illness.
What Should You Do?
If you have eggs matching the recalled codes:
- Do not eat them.
- Return them to the store for a refund or dispose of them safely.
- Wash your hands thoroughly after handling the carton.
- Clean and sanitize any refrigerator shelves, containers, or kitchen surfaces the eggs may have touched.
If you have already eaten the eggs and develop symptoms of Salmonella infection, contact your healthcare provider, especially if symptoms are severe or persist.
Are Arizona Consumers Affected?
The recalled products were officially distributed in six states, and Arizona is not listed among the primary distribution states. However, because food products can move through wholesalers, travelers, or secondary retailers, Arizona consumers who recently purchased eggs while traveling—or who received eggs from family or friends in affected states—should still check the carton codes.
The Bottom Line
Food recalls are an important part of protecting public health. Taking a few moments to inspect the eggs in your refrigerator could help prevent a serious illness. If your carton matches the recalled plant codes and date range, don’t take the risk—return it or throw it away.
STM Daily News will continue to monitor this developing story and provide updates as additional information becomes available.
Related Resources
- FDA Recalls, Market Withdrawals & Safety Alerts
- FDA Foodborne Illness Outbreak Investigations
- CDC: Salmonella Information
- FoodSafety.gov Consumer Resources
