Class Action Lawsuit Says Excedrin Migraine is Overpriced

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A new class action lawsuit accuses drug maker Novartis AG of selling Excedrin Migraine at a higher price than Excedrin Extra Strength, even though they allegedly contain the same quantities of the same ingredients.

According to the class action lawsuit, plaintiff Kerri Yingst “noticed that Excedrin Migraine and Excedrin Extra Strength seemed to consist of identical ingredients in identical quantities but believed that because Excedrin Migraine was sold at a higher price, it was a more effective product for migraine relief than Excedrin Extra Strength.”

Yingst says that she purchased Excedrin Migraine in October 2013, choosing to pay a higher price for the product because she believed that it would provide superior migraine relief.

Excedrin Extra Strength was initially approved by the U.S. Food & Drug Administration (FDA) in the 1960s for the temporary relief of minor aches and pains due to headache. According to the class action lawsuit, Excedrin Extra Strength’s current formulation contains 250 mg of acetaminophen, 250 mg of aspirin and 65 mg of caffeine as active ingredients.

Drug manufacturer Bristol-Myers Squibb Co. sought FDA approval of a migraine indication for Excedrin Extra Strength in January 1997 after presenting the agency with clinical studies indicating the drug’s effectiveness at migraine relief.

“The FDA approved Excedrin Migraine in January 1998 for the temporary relief of mild to moderate migraine headache pain with the same formulation and dosage as Excedrin Extra Strength,” the class action lawsuit says. Bristol-Myers issued a press release, indicating that Excedrin Migraine was given its own packaging and trademark “in order to provide important information about appropriate use and when to consult a doctor” but would continue to be available at the same suggested retail price as Excedrin Extra Strength.

According to the Excedrin Migraine class action lawsuit, Novartis purchased the Excedrin brand from Bristol-Myers in August 2005. Although Bristol-Myers sold the pain relievers at the same suggested retail price, Novartis currently charges a premium for the migraine version of the drug, even though they are identical. As a result, Yingst claims consumers have been harmed because they paid more for Excedrin Migraine than they would have paid for Excedrin Extra Strength under the mistaken belief the migraine version of the drug was more effective at treating migraines than the extra strength version.

Yingst filed the class action lawsuit on behalf of herself and a class of individuals who purchased Excedrin Migraine at a higher price than Excedrin Extra Strength on or after Aug. 1, 2005. She alleges that Novartis violated the New Jersey Consumer Fraud Act and experienced unjust enrichment by misleading consumers about the effectiveness of its products.

In September, a similar class action lawsuit was filed in New Jersey, accusing Wal-Mart Stores Inc. of deceiving consumers into paying nearly twice as much for Equate Migraine even though it is identical to Equate Headache.

Yingst is represented by Todd D. Muhlstock of Baker Sanders LLC and Eric Gibbs of Girard Gibbs LLP.

The Excedrin Migraine Class Action Lawsuit is Kerri Yingst v. Novartis AG, et al., Case No. 2:13-cv-07919, in the U.S. District Court for the District of New Jersey.