US Department of Justice Accuses Walgreens of Unlawfully Filling Millions of Opioid Prescriptions

The US Department of Justice (DOJ) has filed a nationwide lawsuit against pharmacy chain Walgreens, alleging that it dispensed millions of unlawful prescriptions in violation of the Controlled Substances Act and sought reimbursement from federal health care programs, constituting a violation of the False Claims Act (FCA).

Government’s Allegations

The complaint alleges that from approximately August 2012 to the present, Walgreens knowingly filled millions of prescriptions for controlled substances that lacked a legitimate medical purpose, were not valid, or were not issued in the usual course of professional practice. The government alleges that the chain’s pharmacists ignored obvious red flags which should have been an indication that the prescriptions were illegal. Other allegations state that Walgreens dispensed excessive quantities of dangerous opioids and allowed early refills of controlled substances.

The complaint accuses Walgreens of ignoring substantial evidence that its stores were dispensing unlawful prescriptions. It also alleges that Walgreens pressured its pharmacists to prioritize speed over accuracy, limiting their ability to verify prescriptions. After filling the prescriptions, Walgreens’ pharmacists would then seek reimbursement from federal health programs, violating the FCA.

“Walgreens and its pharmacists have an obligation to ensure that every prescription they fill is legitimate and issued responsibly. As this lawsuit alleges, Walgreens failed in this obligation, and many times ignored the red flags that warned of suspicious prescribing practices,” said Administrator Anne Milgram of the Drug Enforcement Administration (DEA) in a press release. “Walgreens placed the public in danger by disregarding their responsibility. DEA will continue to pursue any individual or corporation that chooses profit over patient safety and we will hold them accountable.”

Walgreens Responds

In response to the lawsuit, Walgreens posted the following statement to its website:

"We are asking the court to clarify the responsibilities of pharmacies and pharmacists and to protect against the government’s attempt to enforce arbitrary 'rules' that do not appear in any law or regulation and never went through any official rulemaking process. We will not stand by and allow the government to put our pharmacists in a no-win situation, trying to comply with 'rules' that simply do not exist.

Walgreens stands behind our pharmacists, dedicated healthcare professionals who live in the communities they serve, filling legitimate prescriptions for FDA-approved medications written by DEA-licensed prescribers in accordance with all applicable laws and regulations. Walgreens has long been a leader in providing education and resources, as well as implementing best-in-class policies and procedures, to help combat opioid misuse and abuse.

We look forward to the opportunity to defend the professionalism and integrity of our pharmacists."

FCA Qui Tam Provision

The case stems from whistleblower complaints filed by 4 former Walgreens employees from different regions of the country. These whistleblowers acted under the FCA’s qui tam provisions, which permit individuals to sue on behalf of the US and share any financial recovery.

References

Walgreens response to Department of Justice opioid lawsuit. Press release. Walgreens Boots Alliance. Published January 17, 2025. Accessed February 6, 2025. https://www.walgreensbootsalliance.com/news-media/press-releases/2025/walgreens-response-department-justice-opioid-lawsuit

Justice Department files nationwide lawsuit alleging Walgreens knowingly filled millions of prescriptions that lacked a legitimate medical purpose. Press release. United States Attorney’s Office, District of Maryland. Published January 17, 2025. Accessed February 6, 2025. https://www.justice.gov/usao-md/pr/justice-department-files-nationwide-lawsuit-alleging-walgreens-knowingly-filled-millions