Walmart has reached a settlement with the U.S. Department of Justice (DOJ) to resolve a federal lawsuit alleging the retail giant unlawfully dispensed opioids and other controlled substances from its pharmacies. The agreement was filed in federal court in Wilmington, Delaware, on August 28, 2024, according to a DOJ spokesperson. The terms of the settlement were not disclosed.
The DOJ initially sued Walmart in December 2020, accusing the company of violating the Controlled Substances Act by filling thousands of invalid or suspicious prescriptions since 2013. Federal prosecutors alleged Walmart’s actions contributed to the opioid epidemic, a period spanning from 1999 to 2023 during which over 800,000 people died from opioid overdoses. The lawsuit was one of the DOJ’s most significant civil actions targeting a single company over its alleged role in the crisis.
Walmart issued a statement calling the settlement a resolution of the matter, adding that it would continue supporting its pharmacists’ work. The DOJ similarly framed the agreement as a step toward accountability for companies contributing to the opioid crisis.
Legal Background and Case Narrowing
In March 2024, U.S. District Judge Colm Connolly dismissed several claims in the case, including allegations that Walmart failed to report suspicious prescriptions to the Drug Enforcement Administration (DEA) and that pharmacists ignored “red flags” in prescriptions. The judge allowed the government to pursue claims that Walmart’s compliance personnel knew certain prescriptions were invalid and that pharmacists dispensed them anyway.
If Walmart had been held liable, it would have faced penalties of $67,627 per unlawful prescription filled and $15,691 per unreported suspicious order, according to the DOJ. The company operates nearly 4,600 pharmacies nationwide, where it fills prescriptions for a range of medications, including generic drugs, insulin, and GLP-1 treatments.
Broader Context of Opioid Litigation
The Walmart case is part of a broader wave of legal actions targeting companies linked to the opioid epidemic. Other major defendants include Purdue Pharma, which pleaded guilty to criminal charges in 2020 related to its painkiller OxyContin, and the drug wholesaler Cencora (formerly AmerisourceBergen). In 2022, Walmart separately agreed to pay $3.1 billion to settle thousands of lawsuits brought by state and local governments.
Ongoing Accountability Efforts
The DOJ emphasized its commitment to holding accountable “companies and individuals whose unlawful prescribing, marketing, dispensing or distributing practices contributed to the opioid crisis.” The settlement with Walmart follows years of litigation and reflects ongoing federal efforts to address the crisis through both enforcement and policy measures.
Walmart and the DOJ have not disclosed the financial terms of the settlement, leaving unanswered questions about the scope of the agreement and its implications for future opioid-related litigation.