Suboxone false advertising, antitrust $500K FTC settlement

UPDATE:

• This class action settlement is paying out as of April 14, 2023.
• Congratulations to everyone who filed a claim and got paid!

Consumers who were prescribed Suboxone could benefit from a $500,000 Federal Trade Commission (FTC) settlement over false advertising and antitrust violations.

The settlement benefits consumers who were prescribed Suboxone oral film between March 1, 2013, and Feb. 28, 2019. 

Suboxone is a medication used to treat opioid addiction, according to Drugs.com. The medication comes in a tablet and film form. 

According to the FTC, Reckitt Benckiser and Indivior conspired together to maximize Suboxone profits at the expense of consumers. In an attempt to convince more patients to take their branded medication, the companies allegedly deceived patients and doctors with claims that the film version of Suboxone was safer than tablet versions.

To secure their profits from this alleged false advertising, Reckitt Benckiser and Indivior suppressed generic competition by filing “meritless” petitions with the U.S. Food and Drug Administration (FDA), the FTC contends. These petitions reportedly repeated unsupported safety claims about the film version of Suboxone and urged the FDA to reject applications for generic tablet alternatives.

The FTC says these actions caused consumers to pay more for Suboxone when, in a healthy market, they would have otherwise been able to purchase less expensive generic versions of the medication.

In July 2020, Reckitt Benckiser agreed to a $50 million settlement to resolve these claims. Shortly after, Indivior agreed to pay $10 million to resolve the allegations.

In May 2021, the FTC distributed over $59 million to consumers who were prescribed Suboxone. Of this sum, $42 million was sent in the form of 37,212 checks while the remaining $16 million was sent as 14,663 prepaid debit cards. The 51,875 payments averaged $1,139. 

With the remaining $500,000 from the settlement fund, the FTC is distributing payments to consumers who submit a valid claim form. 

These payments are only available to consumers who contacted the claims administrator after the original 2021 claim deadline and asked to be put on the waitlist for payments. Consumers cannot file a claim if they did not add their name to the waitlist before September 2021, even if they otherwise qualify for payments. 

No deadline for exclusion or objection is listed on the settlement website. The Suboxone FTC settlement is not subject to final court approval.

In order to receive a payment from the Suboxone FTC settlement, consumers must submit a valid claim form by Nov. 26, 2022. To file a claim, consumers must use the ID number they received via email or mail.

Who’s Eligible

Consumers who were prescribed Suboxone oral film between 03/01/2013 – 02/28/2019

Potential Award

Varies

Proof of Purchase

No proof of purchase applicable

Claim Form

No claim form applicable

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

11/26/2022

Case Name

Federal Trade Commission v. Indivior, Civil Action No. 20-cv-00036, in the U.S. District Court for the Western District of Pennyslvania

Federal Trade Commission v. Reckitt Benckiser Group PLC, Civil Action No 1:19-CV-00028, in the U.S. District Court for the Western District of Pennsylvania

Final Hearing

N/A

Settlement Website

SuboxoneClaimsCenter.com

Claims Administrator

[email protected]
1-877-545-0238

Class Counsel

Markus Heinz Meier
US FEDERAL TRADE COMMISSION

Defense Counsel

For Indivior:
Jennifer Scott DeGraw
GENTRY LOCKE RAKES & MOORE

Jonathan Bruce Berman
JONES DAY

For Reckitt Benckiser:
Howard M Shapiro
WILMER CUTLER PICKERING HALE AND DORR LLP