COLUMBIA, S.C. — South Carolina has become the latest state to accuse a drug manufacturer of exacerbating its opioid drug crisis by using deceptive marketing, with the state’s top prosecutor suing the maker of OxyContin.

Attorney General Alan Wilson on Tuesday announced the state had sued Purdue Pharma, accusing the maker of OxyContin and other opioid drugs of violating South Carolina’s Unfair Trade Practices Act.

“While we vigorously deny the allegations, we share South Carolina officials’ concerns about the opioid crisis and we are committed to working collaboratively to find solutions,” Purdue Pharma responded in a statement.

The suit, filed in Richland County, accuses Purdue of failing to comply with a 2007 agreement it signed with South Carolina and dozens of other states over allegations about its promotion of OxyContin. Purdue admitted no fault in that case, which accused the company of encouraging doctors to prescribe OxyContin for unapproved uses and failing to disclose its potential for addiction.

That consent agreement required Purdue to correct its allegedly abusive and excessive marketing practices, maintain a program to identify prescribers who overprescribe OxyContin and train sales representatives in the abuse and diversion detection program before they can promote the drug.

Since that time, Wilson said, the company has continued to mislead doctors about the risks of addiction, by saying that patients who appeared addicted actually needed more opioids, and that opioid drugs could be taken in even higher doses without disclosing the greater risks to patients.

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“We do not believe that a single lawsuit against a single company will magically fix the problem,” Wilson said Tuesday. “But what I can do today as South Carolina’s chief legal officer is to bring this lawsuit against Purdue for its deceit and misrepresentation.”

Wilson said South Carolina had the ninth-highest rate of opioid prescriptions in the nation last year. Since 2011, prosecutors said, more than 3,000 South Carolinians have died from prescription opioid overdoses.

Stamford, Conn.-based Perdue calls itself “an industry leader in the development of abuse-deterrent technology, advocating for the use of prescription drug monitoring programs and supporting access to Naloxone.”

But the lawsuit accuses Purdue of falsely claiming that its newer, abuse-deterrent opioids are safer than other opioid drugs.


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