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LEGAL NEWSLINE

Thursday, May 9, 2024

Montana attorney general seeks to halt OxyContin manufacturer from marketing in state

Medical malpractice 02

HELENA — Montana Attorney General Tim Fox has filed a motion in Montana District Court requesting a preliminary injunction to stop OxyContin manufacturer Purdue Pharmaceuticals' ongoing marketing campaign in the state.  

The recent motion filed by the Attorney General's Office, requests Purdue cease its opioid sales representative promotions to prescribers, which the company has already agreed to do and to stop misleading and false claims in its educational/promotional materials to consumers and prescribers. The motion also requests the pharmaceutical company to monitor and report any suspicious pharmacy orders and submit a compliance monitoring disclosure statement each quarter to the Attorney General's Office. 


“As too many Montana families who have lost loved ones to prescription opioids or heroin know, this cannot be business, or litigation, as usual," Fox said in a news release."

"We have to take urgent action, Fox said in a statement. "We have asked the Court to put in place common-sense measures to rein in Purdue’s ongoing marketing, to protect public health and safety while the State’s complaint moves through the courts," he said. 

The Attorney General's Office filed a lawsuit against Purdue in December 2017 alleging the company "misrepresented the risks of its product" and in January of this year, filed an amendment alleging Purdue committed "chart-flagging."  The complaint alleges that sales representatives from Purdue asked doctors to flag patient's charts if they might be a candidate for opioids. Charges also include Purdue violating Montana law and patient's privacy by asking sales representatives to review patient files with doctors and nurses, an act which was confirmed by a former company employee, according to the Attorney General. 

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