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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
Well, well…I have been buying it and thought I was missing something because I thought why would they sell 2 different products, charge 2 different prices for the same thing…I had migraines & the migraine & most expensive MUST be better somehow. Instead I was DUPED…thanks.
I feel taken advantage of just like many consumers. It may be my fault for not checking the ingredients, but when you have a serious headache you are willing to try anything to relieve it and don’t really care to stand there and read what is in the product.
I HAVE HAD MIGRAINES BEFORE MY BRAIN SURGERY IN 2005. My DR’S INSISTED I GET EXCEDRINE MIGRAINE FOR EASE OF PAIN. SOMETIME THEY WORKED OTHER TIMES THEY DIDN’T.
Oh for heaven’s sake. The FIRST thing I did when Excedrin Migraine hit the shelves was check ingredients to find it was the exact same thing as Excedrin. I’m sorry people, but I’d you don’t bother to read or educate yourselves before buying something, don’t expect to get rich off of your stupidity. Lots of things are marketed differently, but are indeed the same item. I but the Equate version of Excedrin at Walmart, exactly the same ingredients but MUCH less expensive.
Hey Arubabitch Stfu! If consumers don’t stop and read the labels on everythingYou Can’t Blame Them. most people have a life apparently unlike you. If You Don’t Have Positive Feedback Don’t Post Here Stupid.
Why are people complaining ? This medicine work for migraine. I suffer from migraines since a kid. I wish they had this medicine then. If you truly had a migraine before, you would really thank them. Thank you Excedrin.
This is very interesting, I used Excedrin extra strength for years, before they had the Migraine version. Once it came out I noticed the huge jump in price. I immediately compared the ingredients of the two, and yes, the ingredients were the same no more, no less, so I don’t know why they are ripping people off.
put me in to!!!!!!!!!!!!!!!!!!!
HELLO,
I HAVE PURCHASED THIS PARTICULAR PRODUCT NUMEROUS TIMES CURRENTLY, AND IN THE PAST. PLEASE CONTACT ME AT YOUR CADENCE, REGARDING BEING A PLAINTIFF IN YOUR LEGAL CIVIL COMPLAINT PROCESS AGAINST THIS PARTICULAR PRODUCTS COMPANY.
I figured out just after Excedrin Migraine came out that ALL of the Excedrins and ALL of the generic versions of Excedrin have EXACTLY the SAME ingredients in EXACTLY the SAME amounts and have ALWAYS bought whichever of those was the cheapest at the time. Never found any difference between any of them when it comes to migraine relief.
Have suffered migraines for most of my life. Keep a bottle in my purse, bedside table, and travel bag at all times. I have purchased many, many bottles of this. I certainly feel taken advantage of.