Attorney General Pam Bondi News Release
April 13, 2017
Contact: Whitney Ray
Phone: (850) 245-0150
Provigil Settlement Claims Deadline Extended
TALLAHASSEE, Fla.—The Florida Attorney General’s Office is urging eligible Florida residents to file claims in a $125 million multistate settlement with pharmaceutical companies selling Provigil. The settlement provides $35 million for distribution to eligible consumers who paid for the brand-name drug Provigil or generic modafinil. Per the states’ request, the court extended the time to file claims or express views on the settlement to June 25, 2017.
Provigil includes the active ingredient modafinil and is approved by the Food and Drug Administration to improve wakefulness in adult patients with excessive sleepiness associated with narcolepsy, obstructive sleep apnea and shift work disorder.
In August 2016, Attorney General Pam Bondi and 47 other state attorneys general announced the settlement with biopharmaceutical company Cephalon and its affiliated companies, including Teva Pharmaceutical Industries, Teva Pharmaceuticals USA and Barr Laboratories. The settlement resolved allegations that the companies engaged in unlawful pay-for-delay anticompetitive conduct involving the patent exclusivity for Provigil. Pay for delay conduct occurs when a branded drug company seeks to unlawfully maintain its exclusive rights by paying a would-be generic competitor to delay entry into the market and thus keep prices at artificially high levels. This delayed entry cost consumers, states and others hundreds of millions more for Provigil than if generic versions of the drug had launched as originally expected in early 2006.
The settlement included $35 million to compensate eligible consumers who may have been harmed by the alleged conduct. Consumers that reside in the District of Columbia or any state other than California or Louisiana and paid for brand-name Provigil or generic modafinil from June 24, 2006, to March 31, 2012 are eligible. As part of this settlement, Florida residents are eligible for $2.4 million in restitution payments.
For additional information about the multistate settlement, click here
For more information or to obtain a claim form, visit StateAGProvigilSettlement.com or call 1-(877) 236-1413.