Massachusetts Part Of 26-State Settlement With Purdue Pharma Over Oxycontin Marketing

Massachusetts’ Share of $19.5 Million Settlement to Be Used to Combat Youth Prescription Drug Abuse

May 8, 2007 -- BOSTON - Today, Massachusetts Attorney General Martha Coakley's Office reached a settlement with Purdue Pharma, the maker of the narcotic pain medication OxyContin. Massachusetts was a leader of the multi-state investigation concerning Purdue Pharma’s extensive off-label marketing of OxyContin. The investigation also uncovered that Purdue Pharma failed to disclose abuse and addiction risks associated with the drug. A Consent Judgment filed today orders Purdue Pharma to pay a total of $19,500,000 to the 26 participating states. Massachusetts will receive $949,500, which will be used to combat youth prescription drug abuse. Purdue Pharma has also agreed to a number of restrictions regarding their marketing of the drug.

"We are pleased that this settlement will give us the opportunity to fund crucial prevention programs," said Attorney General Coakley. "We look forward to working with communities, many of whom have seen firsthand the devastating affects of OxyContin abuse, to create innovative programs that make youth aware of the devastating addictive risks associated with the long-term use of OxyContin."

The Attorney General's Office will use the settlement money to provide grants ranging in the amount of $70,000-$100,000 to support the development and implementation of a community-wide approach to substance abuse prevention. The grant money will promote the development of community substance abuse coalitions comprised of educators, law enforcement, public health and other community leaders. For communities that already have a working coalition, funds can be used to support implementation of evidenced-based programming. Grant funded evidenced-based programming will be dependent upon community needs and may include; education and enforcement, community partnerships for enforcement, a court involved diversion program, enhancing mental health services and scientific surveys of risky behaviors. The Attorney General's Office will begin considering grant proposals early this fall and money will be awarded to the communities in January 2008.

Recipients of grant funds will be required to provide proof that they are committed to systemic change. They must also address the community patterns that are often the cause of the risky behaviors that lead to substance abuse.

These grants will complement the work of agencies in Massachusetts working on the implementation of the Department of Public Health's Strategic Plan, the Governor's Inter-Agency Task Group on Substance Use and Abuse and the efforts by the Massachusetts Department of Education.

Among the restrictions and requirements contained in the settlements are provisions that Purdue must:

* Market and promote OxyContin in a manner consistent with its package insert and not in a manner that minimizes the approved uses for the drug;
* Not market or promote OxyContin for off-label purposes-those beyond the approved indications and uses of the drug-specifically, OxyContin is approved only for moderate to serious pain expected to last for more than a few days;
* Have any recipient of funds or other remuneration for grants publicly disclose the existence of that remuneration;
* Not sponsor or fund any educational events where Purdue Pharma has knowledge at the time the decision for sponsorship or funding is made that a speaker will recommend the off-label use of OxyContin;
* Not exclusively base Purdue Pharma sales representatives’ bonuses solely on the volume of OxyContin prescribed; and
* Take into account in the evaluation of sales representatives' performance whether they adequately educate prescribers about OxyContin and its potential for abuse and diversion.

In addition to Massachusetts, Attorneys General from the following states are participating in today's settlement: Arizona, Arkansas, California, Connecticut, Idaho, Illinois, Kentucky, Louisiana, Maine, Maryland, Montana, Nebraska, Nevada, New Mexico, North Carolina, Ohio, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Vermont, Virginia, Washington, Wisconsin and the District of Columbia.

This matter was handled by Assistant Attorney General Chris Barry-Smith, Chief of Attorney General Coakley's Consumer Protection Division.

Source: Massachusetts Attorney General