AG Marshall urges consumers to submit claims for Provigil settlement

Updated: Apr. 19, 2017 at 8:44 AM CDT
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MONTGOMERY, AL (WSFA) - Alabama Attorney General Steven T. Marshall is urging consumers to file claims or express views on a settlement involving the drug Provigil before the upcoming deadline.

In August of 2016, Alabama and 47 other states announced the settlement with biopharmaceutical company Cephalon and its affiliated companies, including Teva Pharmaceutical Industries, Teva Pharmaceuticals USA, and Barr Laboratories, the AG's office says. 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.

According to the AG's office, the $125 million multistate settlement provides $35 million for distribution to consumers who paid for the brand-name drug Provigil or generic modafinil from June 24, 2006, to March 31, 2012.

The deadline for consumers to file claims or express views on the settlement has been extended to June 25, the AG's office says. Eligible consumers are those who reside in the District of Columbia or any other state other than California or Louisiana. It is not known how many Alabama consumers are eligible.

"I am pleased that this settlement will help to compensate consumers for many millions of dollars that they should not have had to pay for Provigil," said Marshall. "These overcharges resulted from misrepresentations and inappropriate manipulations of federal patent regulations by Cephalon to delay the availability of generic versions of the drug."

The settlement includes $35 million to compensate eligible consumers who may have been harmed by the alleged conduct.

For more information or to obtain a claim form, consumers may visit this website or call 1-877-236-1413.

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