Washington Attorney General’s Office begins trial Monday against Albertsons for fueling opioid crisis

The Washington Attorney General’s Office will open its trial against Albertsons on Monday, July 13th, in King County Superior Court, before Judge Janet Helson. In this trial, currently scheduled to last through the beginning of September, the AG’s office alleges that Albertsons’ pharmacies failed in their responsibility to help prevent the misuse of opioids, which fueled the opioid crisis that continues to kill thousands of Washingtonians every year.

Albertsons repeatedly failed to adequately resolve “red flags of diversion,” warning signs that indicate a drug may be misused or diverted towards the illicit drug market. Pharmacists have a responsibility under state and federal law to identify and resolve these red flags.

“Between 2006 and 2022, Albertsons dispensed more than 641 million opioid pills into Washington, most of which had red flags that weren’t cleared before they were dispensed. At its peak, Albertsons dispensed enough pills for every senior, adult, child, and baby every year to have half a dozen pain pills every year for over a decade,” said Attorney General Nick Brown. “Albertsons’ failures in dispensing and distributing those pills tore apart families, stole the lives of loved ones across our state, had devastating impacts on local communities, and put immense strain on public resources. They must be held accountable.” 

More than 26,000 Washingtonians have died from an opioid overdose, and approximately 10 times that number have misused or became addicted to opioids. Many people who start with prescription opioids develop a need for more and more medication, become addicted, and ultimately switch to cheaper, more readily available, and/or stronger opioid class drugs like heroin or fentanyl, simply to avoid the crushing feeling of withdrawal. Albertsons’ documents acknowledge that 4 of 5 new heroin users began with prescription pills. Today, opioid deaths are higher than ever: In the last 3 years, over 7,400 Washingtonians have died from opioid overdoses. In 2023 alone, dozens of Washington children died or nearly died from accidental opioid ingestion. 

Albertsons owns and operates more than 200 pharmacies in Washington under its Albertsons, Safeway, and Haggen brands. Pharmacists have a responsibility under federal and state law to check for red flags of diversion before dispensing opioid prescriptions. The AG’s office’s investigation revealed that between 2006 and 2022 Albertsons unlawfully dispensed opioid orders without adequately investigating and documenting the resolution of such red flags. In total, Albertsons pharmacies unlawfully filled red-flagged prescriptions for opioids more than 6.5 million times. Albertsons also self-distributed opioids to its own pharmacy stores for a span of time and failed to report any of the more than the tens of thousands of suspicious orders from its own pharmacies to the DEA as required by law. Instead, Albertsons shipped them all. 

At trial, the AG’s office will present evidence that Albertsons’s corporate policies prioritized profits over patient and customer safety. Albertsons discouraged its pharmacists from identifying problematic over-prescribers and prescriptions. In some cases, Albertsons did not allow pharmacists to turn away prescriptions prescribed from known “pill mill” prescribers. Pharmacies received complaints about prescribers who overprescribed opioids, and Albertsons had access to data to identify risky stores, orders, prescribers, and prescriptions, but Albertsons kept its stores and pharmacists siloed so they could not share information with each other. Nor did Albertsons closely track its controlled substances inventory for theft. 

Albertsons’ policies incentivized prescription volume, essentially punishing pharmacies for exercising appropriate levels of due diligence. It chronically understaffed stores, leading to overworked and overwhelmed pharmacy staff. 

The state will call dozens of witnesses to prove that Albertsons’ policies and practices contributed to the opioid crisis, which has devasted families and communities, impacted public spaces, and continues to kill Washingtonians today. Accordingly, the AG’s office is asking Albertsons to pay to abate these harms. The AG’s office also argues that Albertsons violated Washington’s Consumer Protection Act and policies guarding against the misuse and diversion of dangerous controlled substances. 

Since the beginning of the opioid crisis, the AG’s office has recovered more than $1.3 billion in funding for state and local governments, which can only be used to help repair the harms caused by the opioid crisis.

The trial will commence in the courtroom of Judge Janet Helson, W-728 at the King County Superior Court at 8:30 a.m. on Monday, July 13. 

The proceedings will also be streamed online:

Link: https://kingcounty.zoom.us/j/82191528556

Meeting: 821 9152 8556

All Zoom observers need to include “Not a witness” in their Zoom name to be admitted.