Jun. 12—CONCORD — Democratic candidate for governor Cinde Warmington said that as an executive councilor she has helped lead the effort to crack down on a surge in illegal fentanyl that has produced a spike in opioid overdose deaths.

"I'm running to finally tackle ... the fentanyl crisis in a real way," Warmington declared in her announcement video.

But while she was a health care lobbyist in 2002, Warmington defended Oxycontin, the brand name for oxycodone, as a "miracle drug" that had been "abused in the press."

"Oxycontin is a miracle drug for many patients, and that's why it has been so popular. That's why it is used so much because it has very few side effects, and it is able to address patient's pain," Warmington told a state Senate committee in April 2002.

It was later revealed that over the past two decades, physicians prescribed oxycodone too often and too easily, resulting in many patients becoming addicted to the opioid.

As a result, Purdue Pharma settled with numerous states who sued the company over its deceptive marketing practices, including New Hampshire.

Warmington issued a statement last week that said: "My record over the past 20 years — serving on multiple community substance abuse treatment program boards, being a leading voice on the Executive Council for cracking down on fentanyl and the drug crisis, and fighting to expand treatment options and mental health resources — shows my dedication to finally tackle the mental health crisis and fentanyl crisis as governor so that families can access the help they need."

2002 testimony

In 2002, Warmington, at the time a lobbyist for Purdue Pharma, and a medical expert were the only opponents of a bill that eventually became law and toughened up regulation of the drug.

Warmington testified before the state Senate in opposition to an amendment that then-Health and Human Services Commissioner Don Shumway sought to enhance the state's authority to regulate pharmaceutical dispensing practices.

"This amendment as proposed and already implemented allows the Department of Health and Human Services to inappropriately limit the access to medically necessary medications," Warmington said at the time.

The drug maker objected to the requirement that patients be unable to get relief from three alternative medications before being given access to oxycodone.

"The failure on three other narcotics before being allowed access to Oxycontin is not supported by clinical data, it places patients at risk, and it restricts access even when there is a distinct therapeutic advantage to Oxycontin," Warmington said.

When then-state Sen. Sylvia Larsen, D-Concord, raised concerns about the "high potential for misuse or abuse" of oxycodone, Warmington said it was the drugmaker that had been abused.

"But to say that Oxycontin has been abused — it certainly has been in the press," Warmington said.

Later she added, "But, it is a drug of abuse, it is attractive to abusers, and it is an issue of great concern to Purdue Pharmaceuticals." Warmington said Oxycontin was "a drug that has truly been a medical breakthrough for patients who need it."

Bill passed anyway

Ultimately, the state Senate voted, 23-0, in support of the change (HB 1218) Shumway sought.

The bill became law later that year without the signature of then-Gov. Jeanne Shaheen.

Before serving on the council, Warmington was a partner in the law firm of Shaheen and Gordon, led by Shaheen's husband, Bill Shaheen.

Warmington said she would put her record of fighting for victims of substance abuse up against anyone's.

"It's unfortunate my opponents have started this campaign with attacks pulled from more than two decades ago."

Republican State Chairman Chris Ager criticized Warmington's past advocacy.

"The opioid crisis has plagued New Hampshire for years. It's the leading cause of death among 18- to 45-year-olds in our nation," Ager said.

"Lobbyists like Warmington pushed their influence for money and power while Granite Staters suffered the consequences. We should be doing everything we can to stop abuse and over-prescription, not encourage it."

In March 2022, Purdue Pharma updated its national settlement with states to $5.5 billion. That included a payment of $46 million to finance opioid treatment and prevention programs in New Hampshire.

"New Hampshire has been particularly hard hit by the opioid epidemic, and Purdue Pharma and the Sackler family (major company owners) bear significant responsibility for causing so much harm to our state," Attorney General John Formella said at the time.

"While no amount of money will be enough to address the harm they caused, this settlement is a significant step toward holding the Sacklers accountable for what they did and will provide much needed funds for our state to continue fighting this epidemic."

The state first sued Purdue Pharma and other opioid manufacturers in 2015.

klandrigan@unionleader.com