Indivior reaches $385M settlement with direct purchasers over Suboxone

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Update:

• Indivior agreed to a $385 million settlement to end claims in a multidistrict litigation regarding Suboxone.
• A federal judge in Pennsylvania must agree to the settlement. A trial was set to begin Oct. 30.
• The pharmaceutical company, which develops drugs to treat addiction, says it expects to pay the settlement in November and charge $228 million of it against the company’s Q3 profits.
• “The resolution of this litigation, which was filed over a decade ago, provides greater certainty for all Indivior stakeholders and allows us to continue focusing on our important work for patients suffering from opioid use disorder and mental health illnesses around the world,” Mark Crossley, Indivior CEO, says in a statement.

Suboxone settlement overview: 

• Who: Indivior Inc. has agreed to pay $30 million to end claims brought by a class of end payors of Suboxone, an opioid addiction treatment. 
• Why: The end payors claimed Indivior monopolized the market for Suboxone by allegedly delaying the introduction of cheaper alternatives to the pharmaceutical market. 
• Where: Nationwide. 

(08/28/2023)

Pharmaceutical company Indivior has agreed to a $30 million settlement to resolve claims it monopolized the market for Suboxone, an opioid addiction treatment. 

The settlement ends more than 10 years of “hard-fought” litigation over claims Indivior “engaged in a fraudulent scheme with respect to Suboxone in violation of state antitrust and consumer protection statutes,” according to a memorandum for settlement approval. 

The end payors argued Indivior’s alleged monopolization of Suboxone caused them to have to pay higher prices for the drug — as well as its generic equivalent — than they would have paid in a competitive market. 

“The proposed Settlement will conclude all claims of End Payors in this litigation against Defendant concerning the alleged suppression of generic competition for Suboxone during the period December 22, 2011 to the date of preliminary approval ,” the memorandum states. 

The settlement requires Indivior to put $30 million into an escrow fund that will be proportioned to the end payors. 

Indivior accused of delaying introduction of cheaper alternatives to Suboxone

Indivior was accused of unlawfully delaying the introduction of cheaper alternatives to Suboxone to the pharmaceutical market, according to the memorandum.

“Indivior is alleged to have implemented a plan to inflate brand Suboxone tablet prices and switch consumers to film, delaying generic Suboxone tablets from entering the market,” the end payors said. 

Indivior has denied the allegations, while the company’s CEO Mark Crossley said in an Aug. 21 statement that the agreement was reached with those who need a drug like Suboxone to help with substance abuse issues in mind, according to Law360.

“We remain focused on helping those suffering from substance use disorders and mental illness,” Crossley said. “Resolving these legacy legal matters at the right value helps us further our mission for patients and creates greater certainty for our stakeholders.”

Indivior previously agreed to pay $102.5 million in June to resolve claims it monopolized the market for Suboxone that was brought against it by state attorneys general from a total of 42 states. 

Have you paid what you believed to be an inflated price for Suboxone? Let us know in the comments! 

The Suboxone case is In re: Suboxone (Buprenorphine Hydrochloride and Naloxone) Antitrust Litigation, Case No. 2:13-md-02445, in the U.S. District Court for the Eastern District of Pennsylvania. 

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