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Flonase Monopoly Class Action Lawsuit Certified
By Matt O’Donnell
The Plaintiffs allege in the 2008 Flonase class action lawsuit that GlaxoSmithKline (“GSK”) filed sham citizen petitions with the Food and Drug Administration to delay the entry of a cheaper, generic version of Flonase into the market. They moved to certify a class of Indirect Purchasers under the monopolization, unfair and deceptive trade practices, and unjust enrichment laws.
GSK tried to dismiss the antitrust class action lawsuit on the grounds that the Indirect Purchasers failed to meet certain requirement for class certification – specifically that they did not have enough in common to establish antirust impact and damages.
U.S. District Judge Anita B. Brody dismissed that argument, however, ruling the Plaintiffs satisfactorily demonstrated that common issues existed. In reaching that conclusion, however, she adjusted the Indirect Purchaser’s proposed class definition to exclude Class Members who did not purchase a generic equivalent of Flonase after it became available. Brody further excluded Class Members from certain states not covered under the laws.
The Flonase class action lawsuit can move forward on behalf of the following class of consumers:
All persons or entities in the U.S. who, from August 2004 through March 2006, purchased, paid for, and/or reimbursed for branded Flonase in any of the following four states: Arizona, Florida, Massachusetts, or Wisconsin. These Class Members must have also purchased, paid for and/or reimbursed for generic Flonase from March 2006 to March 2009 in the same designated states in which the branded Flonase was purchased.
A copy of Judge Brody’s decision in the Flonase Monopoly Class Action Lawsuit can be read here.
Updated June 17th, 2013
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3 thoughts onFlonase Monopoly Class Action Lawsuit Certified
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Wish I had been aware of this lawsuit before now as I took Flonase for years until it got so expensive. I then switched and staarted using something else that was just as effective, but was cheaper in price.