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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.
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45 thoughts onClass Action Lawsuit Says Excedrin Migraine is Overpriced
I have bought Excedrin Migraine for years. I read the ingredients in both, but figured the best one was the Migraine. Please count me in on the lawsuit.
count me in I have been buying excedrine migraine for years I was woundering why I was paying so much for something that should of been the same price as regular excedrine let me no when I can also file a claim
What has the world come to! Cheating,lying,and money hungary businesses you just can’t trust them. When you look for a product for a particular illness etc… You look at product name and information now you have to look and compare ingredients. Give me a break! I have purchased Excedrin Migraine because I felt it ad to be stronger than the regular headache medicine. I want to be added to the list.
I have been purchasing Excedrin Migraine and Equate Migraine for years believing there was a difference in strength over the extra strength formulas. If the suit gets approved, I definitely want to be a part of it.
I have lived by excedrin for a very very long time it is the only medication I use for a headache. Please count me in I cant believe they would do that to people.
I buy Excedrin Migraine all the time thinking it was made for migraines! I had no idea that it is the same as extra strength Excedrin! Just another way for these big companies to rip off consumers! Count me in!
buy it all the time,,,crooks
Just compared the ingredients this past Saturday, wondering why they both contained the same ingredients. Purchased the migraine strength even though it cost more because my husband insisted that it must be stronger. What a coincidence!
I too, thought they were the same.
Count Me in I have been buying the Excedrin Migraine pills for along time.
Finally, I see PROOF of what I have known all along……Extra Strength Excedrin and Excedrin Migraine are exactly the SAME product! I am printing this article to show to friends who insisted I was wrong. Please count me in, as I was duped ONCE by Excedrin’s dubious claims.
Why sue? Just buy the cheaper version. Save your energy for more important issues such as our duplicitous government and POTUS. At least both products perform as advertised AND – this is important – you have the choice of taking it or not. Our fraudulent government forcefully reaches into your pocket for far worse schemes, such as the stimulus, Obamacare, Cash-for-Clunkers, limitless unemployment “insurance” benefits, global warming, green companies. And you, your children, grandchildren and great-great grandchildren will be forced to pay. Leave Excedrin alone. Buy the cheapest substitute and put your energies where it matters!
Maybe we want the companies to pay that fund the lobbyists and run this country into the ground!
Obamacare, green energy, benefits, and insurance are needed!
Get your facts straight!
Sharon,
Have you been on unemployment for 3 years yet? Are you enjoying your SNAP checks? Your obamacare must be free because you must be living the high life on all the entitlements Obama is handing out to reply the way you did.
SUE THE REBUBS. THEY ARE THE ROOT OF ALL TROUBLE.
Ditto!!!!
When I said Ditto, I meant Ditto to what Flayer said above – 100% of what Flayer said.