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Florida Judge Rules that OxyContin Maker's Marketing Plans Can Be Made Public

By Lindsay F. Wiley [Bio]

January 28, 2003 — Purdue Pharma's marketing plans for OxyContin may be made public next month. A circuit judge in Broward County, Florida ruled that the plans, which had been turned over to the Florida Attorney General's office as part of an investigation into the marketing of OxyContin, are not exempt from Florida's public records law.

The Florida Attorney General's office began an investigation in 2001 into whether Purdue's marketing and promotion of OxyContin had contributed to abuse of the drug. The Attorney General's office ended its investigation after the company agreed to pay $2 million to help the state develop computer software to monitor prescriptions.

When the Orlando Sentinel requested copies of the investigators' files, Purdue went to court to argue that its marketing plans for 1999 to 2001 are exempt from Florida's public records law because they contain trade secrets. Court records show that the plans include strategies for targeting doctors in specific medical specialties.

The judge prohibited the state from releasing the records for 30 days to give the pharmaceutical company time to appeal if it chooses to do so.