Publicis Health to pay $350 million to settle US opioid marketing lawsuit; landmark settlement
Advertising company Publicis has reached a first-of-its-kind $350 million opioid marketing settlement in the US.
ADVERTISEMENT
The health-care division of French advertising giant Publicis has agreed to pay $350 million to settle claims that its past marketing efforts for drugmakers helped fuel America’s opioid crisis.
New York Attorney General Letitia James announced Thursday, February 1, 2024, that Publicis Health, one of the largest global health advertising agencies, will pay $350 million to settle allegations it “developed predatory and deceptive marketing strategies” for Purdue Pharma opioids, which the attorney general’s office called the first settlement of its kind involving an advertising agency.
The settlement involving Publicis Health, a subsidiary of France-based Publicis Groupe SA, was the result of a “coalition” co-led by James composed of “every attorney general in the nation,” according to a news release.
A comprehensive resolution was reached with all 50 State Attorneys General, the District of Columbia, and certain U.S. Territories related to past work undertaken for opioid manufacturers primarily by former advertising agency Rosetta, bringing to a close almost three years of discussions.
Publicis shared in a statement, "The Attorneys General have recognized Publicis Health’s good faith and responsible corporate citizenship in reaching this resolution."
As the former owner of Rosetta, which was shuttered ten years ago, Publicis Health issued the following statement:
“After three years of discussions, this settlement brings the matter to a close with a net payment of €148 million. The full settlement amount should quickly and directly contribute to the States’ opioid relief effort.
This settlement, in which the Attorneys General recognized Publicis Health’s ‘good faith and responsible corporate citizenship’, is in no way an admission of wrongdoing or liability. We will, if need be, defend ourselves against any litigation that this agreement does not resolve.
“The work for pharmaceutical companies addressed by this settlement was at all times fully compliant with the law. It was undertaken primarily by Rosetta, a small agency shuttered ten years ago, that was already working with pharmaceutical clients that manufactured opioid medication when it was acquired thirteen years ago in 2011. Its work related to these products was used solely with healthcare providers, not consumers, using communication tools and language expressly approved by the FDA. Rosetta’s role was limited to performing many of the standard advertising services that agencies provide to their clients, for products that are to this day prescribed to patients, covered by major private insurers, Medicare, and authorized by State Pharmacy Boards.
“We recognize the broader context in which that lawful work took place. The fight against the opioid crisis in the United States requires collaboration across industries, lawmakers, and communities, and we are committed to playing our part. That is why we worked to reach this agreement, and why we are also reaffirming our long-standing decision to turn down any future opioid-related projects.”
