Flonase Antitrust Litigation
Court: United States District Court, Eastern District of Pennsylvania
Case No.: 2:08-cv-3301
Leadership Position: Plaintiffs’ Executive Committee
Wexler Wallace served on the Plaintiffs’ Executive Committee in this case, filed on behalf of purchasers of the allergy drug Flonase (fluticasone propionate). Plaintiffs alleged that GlaxoSmithKline (“GSK”) filed a series of citizen petitions with the United States Food and Drug Administration (“FDA”) in an improper effort to keep generic versions of Flonase off the market and preserve GSK’s monopoly. Plaintiffs alleged that, as a result of its conduct, GSK was able to realize higher profits at the expense of end purchasers for the drug—consumers and third party payors. On June 19, 2012, the Honorable Anita B. Brody certified a four-state class of end purchasers who bought Flonase between August 2004 and March 2009. The case settled for $35 million.