First-Ever Opioid Marketing Settlement: $350 Million Payout by OxyContin Advertiser

In a groundbreaking turn of events, an advertising agency implicated in Purdue Pharma’s promotion of OxyContin has reached a settlement in a lawsuit alleging the deceptive marketing of opioids. Publicis, a French marketing conglomerate, has agreed to pay a staggering $350 million within the next two months, concurrently pledging to abstain from any future collaborations with opioid-related clients. The agreement, spearheaded by New York Attorney General Letitia James and Colorado Attorney General Phil Weiser, marks a significant milestone in the legal battle against opioid misuse.

New York Attorney General Letitia James emphasized the pivotal role Publicis played in perpetuating the opioid crisis, stating, “For a decade, Publicis helped opioid manufacturers like Purdue Pharma convince doctors to overprescribe opioids, directly fueling the opioid crisis and causing the devastation of communities nationwide.” While acknowledging that no monetary compensation can rectify the loss of lives and the anguish of addiction, James expressed optimism that the settlement would deter further illicit practices.

Publicis's involvement in Purdue Pharma's promotional efforts spanned from 2010 to 2019, collaborating with consultancy McKinsey on the development of the controversial “Evolve to Excellence” campaign. This campaign targeted physicians with misleading claims, falsely asserting OxyContin's efficacy in deterring addiction and abuse while urging dosage escalation, irrespective of medical necessity. Publicis crafted the campaign's advertisements, pamphlets, and brochures, allegedly contributing to the proliferation of opioid prescriptions.

In response to the settlement, Publicis maintained its innocence, asserting the lawfulness of its actions—a stance refuted by Attorney General James. However, the company expressed a commitment to combatting opioid addiction and facilitating collaborative efforts across industries and communities. Notably, Publicis affirmed its decision to decline future engagements with opioid-related projects, signifying a conscientious shift in corporate responsibility.

Publicis clarified that the division responsible for the Purdue account, Rosetta, has been inactive for a decade, underscoring its commitment to ethical business practices. Purdue Pharma's introduction of OxyContin in the 1990s, initially marketed as non-addictive, has since been implicated in the exacerbation of the opioid epidemic, recognized as a grave public health crisis. According to the Centers for Disease Control and Prevention, opioid overdoses claimed the lives of over 564,000 individuals between 1999 and 2020, underscoring the urgency of addressing this crisis.

The Sackler family, Purdue's erstwhile owners, entered into a bankruptcy agreement in March 2023, proposing a payout of $5.5 billion to $6 billion over 18 years to combat the opioid epidemic. However, the Biden administration contested the deal, citing concerns regarding the Sacklers' immunity from civil claims related to opioids. In August 2023, the Supreme Court halted Purdue Pharma's bankruptcy proceedings, signaling a pivotal juncture in the legal battle against opioid misuse.

Source: CNN