The opioid case against Publix claiming its pharmacies had over-dispensed opioid painkillers is expected to be closed based on a federal judge’s order signed on July 28.

The judge’s order said both sides have agreed on a settlement. The terms of the settlement were not listed in the order made by U.S. District Judge Michael L. Brown with the U.S. District Court for the Northern District of Georgia, Atlanta Division.

Publix Director of Communications Maria Brois did not return an email July 30 requesting comment about the status of the case. In an email from the plaintiff’s spokeswoman, she said the terms of the settlement were not yet available.

“The parties have announced that this case has settled,” the judge’s order said. “The Court DIRECTS the Clerk to administratively close this case. The parties shall file a dismissal or other filing disposing of this case uponfinalization of the settlement. If settlement negotiations fail, the parties shall promptly move to reopen the case.”

Publix swept up in national litigation 

Lakeland-based Publix Super Markets Inc. was sued in federal court by attorneys with the National Prescription Opiate Litigation alleging its pharmacies over-dispensed opioids due to inadequate monitoring systems.

Meanwhile, opioid sales skyrocketed at Publix while the sales of the highly addictive drugs at other grocers and national pharmacy chains declined once they had settled. 

A trial in the case had been set for Nov. 3 in Atlanta. The outcome of the trial could have had implications for Publix pharmacies in other states, including Florida.  

Citing data from the Drug Enforcement Agency, The Tampa Bay Times first reported in January 2024 that Publix was the second-largest seller of oxycodone in Florida by 2019.

In 2017, the National Prescription Opiate Litigation first sued opioid manufacturers, including family-owned Purdue Pharma, and then distributors. Its attorneys have also gained settlements with well-known pharmacy brands, including CVS, Walgreens and grocers such as Kroger and Albertsons.  

The lawsuit against Publix originated in U.S. District Court for the Northern District of Ohio, Eastern Division in Cleveland, where the earliest lawsuits were filed, including the one against Purdue Pharma. 

The case against Publix was then moved to the federal court in Atlanta, the U.S. District Court for the Northern District of Georgia. 

Allegations against Publix 

In a motion for partial summary judgment filed on May 13, the plaintiff’s attorneys argued that Publix breached its duties under the Controlled Substance Act and the Georgia Controlled Substance Act. 

Among multiple allegations in court documents, the plaintiff’s alleged Publix fulfilled orders to distribute the pills to a pharmacist who had been arrested for overprescribing opioids.

And after other chains were sued successfully, Publix started a monitoring program but despite red flags in its monitoring system its pharmacists filled prescriptions anyway, the plaintiff’s alleged in court records.  

The national attorneys suing Publix in Cobb County with evidence and testimony for that case were also considering lawsuits beyond Georgia and possibly in Florida, where Publix has the most grocery stores in a single state.