Alaska Attorney General Kevin Clarkson has filed a lawsuit against opioid manufacturer Mallinckrodt PLC, Mallinckrodt LLC and SpecGX LLC, a Mallinckrodt subsidiary, alleging conspiracy in a deceptive marketing campaign that minimized risks of using opioids.
The charges allege that marketers downplayed the serious risks of addiction and tried to convince physicians that there was a significant upside to their use for chronic pain by exaggerating the purported benefits.
The state further alleges these claims are unsupported by scientific evidence and were and are too often fatally false. The lawsuit describes how the company relied on and sponsored speakers’ programs, professional associations and third-party groups that disseminated its misleading messages while appearing to be independent, and therefore credible.
Based on prescriptions, Mallinckrodt is the largest manufacturer of opioids in the nation. In 2015, it is estimated that Mallinckrodt accounted for 25 percent of the Drug Enforcement Administration’s entire annual quota for controlled substances that it manufacturers.
The state contends that Mallinckrodt has and continues to violate the Alaska Unfair Trade Practices and Consumer Protection Act. The lawsuit also asserts that Mallinckrodt’s unlawful conduct has created a public nuisance, that Mallinckrodt has acted fraudulently and negligently, and that Mallinckrodt has been unjustly enriched and is strictly liable for its actions.
