On Aug. 5, 2016, Attorney General Herbert H. Slatery III announced that Tennessee, along with 48 other states and the District of Columbia, reached a $125 million settlement with Cephalon, Inc. and affiliated companies, now part of Teva Pharmaceutical Industries.
The settlement ended a multistate investigation into alleged anticompetitive conduct by Cephalon designed to block generic competition to its sleep-disorder drug, Provigil. That conduct delayed generic versions of Provigil from entering the market for several years, while at the same time Provigil sales in the United States exceeded $1billion.
The settlement included $35 million to compensate eligible consumers who may have been harmed by the alleged conduct. While the claims period has been advertised for several months, many consumers may not realize the claims period will close. Originally, the deadline for consumers to file claims seeking to receive a portion of the $35 million or object to the settlement was April 13. The states sought and were granted an extension of the deadline to June 25.
Eligible consumers are those who reside in the District of Columbia, Tennessee or any state other than California or Louisiana and who paid for brand-name Provigil or generic Modafinil from June 24, 2006 to March 31, 2012. Tennessee consumers are eligible for approximately $1.1 million in restitution payments through this settlement.
For more information or to obtain a claim form, visit www.StateAGProvigilSettlement.com or call 1-877-236-1413.
Additional information regarding the Aug. 5, 2016, settlement:http://www.tn.gov/attorneygeneral/news/44567