Publicis Health, LLC

This is a class action asserted on behalf of Third-Party Payors (“TPPs”) against the healthcare marketing company, Publicis Health, LLC (“Publicis”), for its part in furthering the opioid epidemic that has ravaged this country, killing tens of thousands of Americans and costing TPPs billions of dollars. On behalf of itself and similarly situated TPPs, Plaintiff seeks to hold Defendant Publicis liable for its participation in an enterprise through which Publicis and opioid manufacturers, including the Sackler family and Purdue Pharm, L.P. (“Purdue”), engaged in an unlawful scheme using aggressive, repeated and systemic misrepresentations about the safety and efficacy of opioids in order to increase and share in the profits from the sales of those drugs. Plaintiff asserts claims under the federal Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. § 1962(c), (d)) and the Ohio state racketeering law, as well as common law claims under state law for unjust enrichment and public nuisance.

For nearly a decade beginning at least as early as 2010, Publicis designed and implemented promotional strategies for Purdue, a major opioid manufacturer and the maker of OxyContin, as Purdue’s top marketing partner. Additionally, during that same period, Publicis worked directly with several other major opioid manufacturers to grow their sales in tandem with the growing opioid epidemic. In the course and scope of its work with Purdue and the other opioid manufacturers, Publicis knowingly and intentionally created misleading marketing campaigns and directly targeted TPPs, just like Plaintiff, including through Pharmacy Benefit Managers (“PBMs”) – who made, designed, and set Plaintiff’s and Class members’ formularies. Publicis’s illegal marketing was extremely successful, and it directly caused TPPs, such as Plaintiff, to pay vast amounts for opioid prescriptions and related treatments that they would not have paid absent Publicis’s misconduct.

This case is pending in the Northern District of Ohio where it was filed on April 12, 2024. Publicis filed a motion to dismiss all claims on June 27, 2024. Kessler Topaz and co-counsel filed Plaintiff’s opposition to the motion on August 5, 2024 and Defendant filed its reply brief in further support of its motion on August 19, 2024. The motion is now fully briefed and ripe for consideration and resolution by the Court.