Generic Wellbutrin XL Class Action Settlement
By Mike Holter
Valeant Pharmaceuticals International Inc. has reached an $11.75 million class action lawsuit settlement over claims it worked with GlaxoSmithKline to delay the availability and less expensive versions of Wellbutrin XL. If you purchased Wellbutrin XL or its generic equivalent in California, Florida, Nevada, New York, Tennessee and/or Wisconsin, you may be eligible to claim a cash award from the class action settlement.
The Wellbutrin XL settlement will resolve a class action lawsuit (In Re: Wellbutrin XL Antitrust Litigation) that accuses Valeant and GlaxoSmithKline of filing baseless patent infringement lawsuits, a baseless request to the Food and Drug Administration (called a Citizen Petition) and unlawful agreements resolving the patent lawsuits in an attempt to delay the availability of a less expensive version of the drug. Plaintiffs in the class action lawsuit claim these actions denied certain consumers who paid for Wellbutrin XL (also known as buproprion hydrochloride extended-release and Budeprion XL) the benefits of competition and caused them to pay higher prices for Wellbutrin XL in certain states than they otherwise would have.
GlaxoSmithKline and Valeant deny the allegations and any wrongdoing, but Valeant has decided to enter into a class action settlement agreement to resolve its portion of the litigation and move on. GSK has not settled.
Class Members of the Wellbutrin XL class action settlement include consumers who:
- Paid the full purchase price for Generic XL at a pharmacy (including a mail-order pharmacy) in California, Florida, Nevada, New York, Tennessee and/or Wisconsin; or
- Made a percentage co-payment for Generic XL at a pharmacy or mail-order pharmacy in these states.
- You are not a member of the Class if you only purchased brand name Wellbutrin XL and not the generic version or if you have a “flat co-payment” as part of your insurance coverage, which means you pay the same amount for a generic prescription regardless of the retail purchase price.
Class Members of the Wellbutrin XL class action settlement also include Third-Party Payers who:
- Purchased Generic XL in California, Florida, Nevada, New York, Tennessee and/or Wisconsin.
- Purchased 150 mg or 300 mg Wellbutrin XL in these states before Generic XL was available for such dosages and purchased Generic XL in the same state after it became available.
TIPPs must have made these purchases between November 14, 2005 and April 29, 2011.
Class Members that submit a valid Claim Form by the deadline of May 31, 2013 will be entitled to receive a pro rata share of the $11.75 million class action lawsuit settlement.
Claim Forms and more information on your rights in the Wellbutrin XL Class Action Lawsuit Settlement can be found at www.WXLClassAction.com.
The case is In re: Wellbutrin XL Antitrust Litigation, Case No. 8-cv-2433, U.S. District Court, Eastern District of Pennsylvania.
Updated May 27th, 2013
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