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Suboxone Antitrust Litigation -- Meridian Health Plan of Michigan, Inc. v. Reckitt Benckiser Group PLC, et al.

Court: United States District Court, Eastern District of Pennsylvania
Case No.: 13-cv-01594
Leadership Position: Interim Co-Lead Class Counsel

On March 26, 2013, Wexler Wallace LLP and its co-counsel filed a case on behalf of a class of end-payors against Reckitt Benckiser for allegedly engaging in an anticompetitive scheme to exclude generic competition for its opiate treatment drug, Suboxone.

According to plaintiff’s allegations: Approximately  two years before generic competition for the Suboxone tablet was slated to begin, Reckitt began developing a different Suboxone formulation — an oral film — with the intention of destroying the market that existed for its original tablet product before generic competition could set in.  To further delay generic entry and buy time to convert consumers from the tablet to the film, Reckitt filed sham citizen petitions with the Food and Drug Administration (“FDA”) and sabotaged the FDA’s Abbreviated New Drug Application process for approving generic alternatives.  The complaint alleges that, absent Reckitt’s conduct, much cheaper generic versions of Suboxone would have been available to consumers almost four years ago.  Reckitt earned more than a billion dollars from Suboxone sales over seven years of sales without generic competition.

For a copy of the complaint, click here.