In this March 31, 2020 file photo, a woman pulls groceries from a cart to her vehicle outside of a Walmart store in Pearl, Miss. Walmart is teaming with the General Motors' Cruise autonomous vehicle unit to test automated package delivery in Arizona. (AP Photo/Julio Cortez, File)
By Michael Balsamo and Ann D'Innocenzio
The Justice Department is suing Walmart, alleging the company unlawfully dispensed controlled substances through its pharmacies, helping to fuel the opioid crisis in America.
The civil complaint being filed Tuesday points to the role Walmart’s pharmacies may have played in the crisis by filling opioid prescriptions and by unlawfully distributing controlled substances to the pharmacies during the height of the opioid crisis. Walmart operates more than 5,000 pharmacies in its stores around the country.
The Justice Department alleges Walmart violated federal law by selling thousands of prescriptions for controlled substances that its pharmacists “knew were invalid,” said Jeffrey Clark, the acting assistant attorney general in charge of the Justice Department’s civil division.
Federal law required Walmart to spot suspicious orders for controlled substances and report those to the Drug Enforcement Administration, but prosecutors charge the company didn’t do that. Walmart couldn’t immediately be reached for comment.
“Walmart knew that its distribution centers were using an inadequate system for detecting and reporting suspicious orders,” said Jason Dunn, the U.S. attorney in Colorado. “As a result of this inadequate system, for years Walmart reported virtually no suspicious orders at all. In other words, Walmart’s pharmacies ordered opioids in a way that went essentially unmonitored and unregulated.”
The suit alleges that Walmart made it difficult for its pharmacists to follow the rules, putting “enormous pressure" on them to fill a high volume of prescriptions as fast as possible, while at the same time denying them the authority to categorically refuse to fill prescriptions issued by prescribers the pharmacists knew were continually issuing invalid prescriptions.
AP reported the news of the lawsuit ahead of the Justice Department's public announcement, citing a person who could not discuss the matter publicly before the announced move. The person spoke to the AP on condition of anonymity.
The Justice Department’s lawsuit comes nearly two months after Walmart filed its own preemptive suit against the Justice Department, Attorney General William Barr, and the Drug Enforcement Administration.
In its lawsuit, Walmart said the Justice Department’s investigation — launched in 2016 — had identified hundreds of doctors who wrote problematic prescriptions that Walmart’s pharmacists should not have filled. But the lawsuit charged that nearly 70% of the doctors still have active registrations with the DEA.
Walmart’s lawsuit alleged the government was blaming it for the lack of regulatory and enforcement policies to stem the crisis. The company is asking a federal judge to declare the suit has no basis to seek civil damages. That suit remains ongoing.
The initial investigation was the subject of a ProPublica story published in March. ProPublica reported that Joe Brown, then U.S. attorney for the Eastern District of Texas office, spent years pursuing a criminal case against Walmart for its opioid prescription practices, only to have it stymied after the retail giant’s lawyers appealed to senior officials in the Justice Department.
Two months later, Brown resigned. He didn’t give a reason for his departure except to say he would be “pursuing opportunities in the private and public sectors." Brown went into private practice in the Dallas area.
Updated on December 22, 2020, at 3:44 p.m. ET with additional details.
There's a new ETF designed to offer investors exposure to 'meme stocks.' Roundhill Investments launched it earlier this month and says the ETF is the first that is explicitly designed to track the performance of meme stocks. Roundhill Investments Vice President of Research Mario Stefanidis joins Cheddar News' Closing Bell to discuss.
Jared Madfes, Partner at Tribe Capital, joins Cheddar's Closing Bell, where he says crypto investors should continue to focus on the long-term despite the recent price boost in the hours following Wednesday's Fed decision.
Mobile bill payment application Papaya recently raised $50 million in a series B round led by Bessemer Venture Partners.
Papaya lets users take a photo of any bill, and the app's AI-powered 'bill understanding technology' pays the bill in seconds. The company says its goal is to help people spend more time on things that matter, by making bill-paying as painless and quick as possible. Papaya CEO and co-founder Patrick Kann joined Cheddar News' Closing Bell to discuss.
Markets jumped on the Federal Reserve's announcement it would speed up its tapering timeline and institute three rate hikes in 2022 — but that was before the COVID-19 omicron variant seemed to be a threat. This announcement also comes as it took the central bank a number of weeks to recognize that inflation does not seem to be transitory as consumers feel price pressure across the board. Bill Adams, senior economist at PNC, joins Cheddar News' Closing Bell to discuss the Fed's moves, how the ongoing pandemic could continue to impact the economy, the Fed's dual mandate, and more.
Delta Air Lines CFO Dan Janki joined Cheddar's Kristen Scholer to talk about the airline's 2022 outlook on its Capital Markets Day as the travel industry recovers from pandemic disruptions. The airline projects a return to profitability next year despite the emergence of the omicron variant during the peak holiday season. Janki said that there had been no impact on domestic travel as of yet, but the company is remaining vigilant for any change. He did note that there had been some international fallout as countries implemented travel restrictions.
Tom Shannon, Bowlero CEO, joined Cheddar to discuss the decision to bring the company to the New York Stock Exchange via a SPAC merger with Isos Acquisition Corporation. Shannon said one of the goals of the public offering is to expand operations internationally, noting that Bowlero has the potential to reach worldwide markets due to the sport's popularity. "Bowling is a global market, and I'll give you an example. In South Korea, there are three million league bowlers and 1,200 bowling centers in South Korea alone," he said.
If you're looking for a date, 2022 might be your year. Online dating platform Bumble is buzzing with dating predictions from its latest survey. Shan Boodram, sex and relationships expert at Bumble, joined Cheddar to discuss some of the findings and what people can expect from the future dating landscape. Some of the results showed that public displays of affection are back on the rise as more people get vaccinated and that more users are opting for alcohol-free first dates. She also explained the trend of "explori-dating," a way that users are attempting to get out of their comfort zone. "People are willing to date outside of their city to get to that," she said.
Anthony Martini, Chief Music Officer of Slip.stream, and Jesse Korwin, CMO of Slip.stream, talk about the challenges creators have uploading music on Twitch and how 'Slip.stream' prioritizes artists by streamlining the licensing process.
Cheddar is looking back at the 12 biggest buzzwords of the year leading up to Christmas. The seventh term in the countdown is Transitory. Definition: (adjective) of brief gratification, not permanent.
