French marketing company Publicis has settled a lawsuit that accused it of falsely marketing opioids as safe. The company has agreed to pay $350 million within the next two months and has vowed not to take on any more opioid clients. The settlement negotiations were led by New York Attorney General Letitia James and Colorado Attorney General Phil Weiser, along with a consortium of eight other states.
Publicis worked with consultancy McKinsey from 2010 to 2019 to develop Purdue Pharma’s “Evolve to Excellence” campaign, which aimed to promote OxyContin to doctors who frequently prescribed the opioid. McKinsey, earlier this year, agreed to pay $573 million to states as part of multiple settlements related to its alleged role in the opioid crisis.
The marketing scheme created by Publicis bombarded doctors with messages falsely claiming that OxyContin deterred addiction and abuse while urging physicians to increase patients’ doses even when it was not medically appropriate. Publicis was responsible for creating the advertisements, pamphlets, and brochures for the campaign.
While Publicis stated that it did not admit wrongdoing and defended its actions as lawful, New York Attorney General Letitia James disputes this claim. However, the company expressed hope that the payment would contribute to the efforts to combat opioid addiction. Publicis also reaffirmed its decision to decline any future opioid-related projects and mentioned that the division responsible for the work with Purdue, called Rosetta, has been closed for a decade.
Purdue Pharma, the manufacturer of OxyContin, introduced the opioid drug in the 1990s and marketed it as non-addictive. The company has faced accusations of contributing to the opioid epidemic in the United States, which has been recognized as a significant public health crisis. According to the Centers for Disease Control and Prevention, over 564,000 people died from opioid overdoses between 1999 and 2020.
In March 2023, the Sackler family, who controlled Purdue Pharma, agreed to a bankruptcy deal that would require them to pay between $5.5 billion to $6 billion over 18 years to help combat the ongoing opioid epidemic. The majority of the funds would be allocated to states, local governments, and Native American tribes. However, the Biden administration filed a lawsuit to block the deal, arguing that it provided the Sackler family with broad protection from opioid-related civil claims. In August 2023, the Supreme Court halted Purdue Pharma’s bankruptcy proceedings and heard the case in December during contentious oral arguments.
The settlement reached by Publicis marks the first time an advertising company involved in promoting opioids has settled a lawsuit related to false marketing claims. While no amount of money can compensate for the lives lost and the addiction suffered, the agreement signifies a step towards holding accountable those who played a role in fueling the opioid crisis. The fight against the opioid epidemic requires collaboration across industries, lawmakers, and communities, and it is crucial for companies to prioritize ethical practices and refuse to engage in projects that contribute to the crisis.
Overall, this settlement serves as a reminder of the importance of responsible marketing and the need to address the devastating impact of the opioid crisis on communities nationwide.