Are Opioids on the Same Path as Big Tobacco?

Even though the opioid epidemic has been spreading across the country for years, it’s only recently become a part of our national dialogue. The increasing number of opioid deaths – including the news that singer Tom Petty’s death is attributed to an accidental overdose involving prescription fentanyl patches – and the growing number of lawsuits against opioid manufacturers have shined a spotlight on the problem. Watching the events unfold, some are drawing comparisons to the tobacco lawsuits of the late 1990s.

In 1998, the tobacco industry was hit with a massive blow when it agreed to a $206 billion settlement with 46 states to resolve all remaining state claims over smoking-related health costs. This settlement was the biggest in U.S. history, and was the culmination of decades of litigation that sought to overhaul the industry. New warning labels were placed prominently cigarettes, mascots like Joe Camel were retired, and public smoking areas continued to decline as the harmful effects of cigarettes were cemented after decades of lobbying and misinformation. And while this didn’t eliminate the tobacco industry entirely, the measures put in place have been credited to the steep decline in smoking rates.

It’s not hard to draw historical parallels between the public backlash and litigation of the tobacco and opioid industries. Currently, attorneys general from 41 states are investigating major opioid manufacturers, scrutinizing the industry over allegations of deceptive marketing, Medicaid fraud, creating a public nuisance, and other charges. Ohio’s lawsuit against Purdue Pharma even likened the company’s practices to that of the tobacco industry.

“Like the tobacco companies, Defendants used third parties that they funded, directed, and controlled to carry out and conceal their scheme to deceive doctors and patients about the risks and benefits of long-term opioid use for chronic pain.”

If history is any indication, the path ahead will be filled with many hard-fought, uphill battles. But with over 200,000 overdose deaths attributed to opioids since 1999, it’s a necessary route.