In re: Asacol Antitrust Litigation

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

 If you paid for Delzicol® or Asacol® HD, 

a class action lawsuit may affect your rights.

Update: The First Circuit stayed the trial to begin on January 22, 2018 pending the resolution of Defendants' appeal of the District Court's class certification decision.

 A federal court authorized this notice. It is not a solicitation from a lawyer.

A class action lawsuit is pending in the United States District Court for the District of Massachusetts against Warner Chilcott Limited (“Warner Chilcott”), and Allergan plc, formerly known as “Actavis plc,” Allergan, Inc., Allergan USA, Inc., and Allergan Sales, LLC, (“Allergan”) (together, the “Defendants”).

The lawsuit claims that Defendants blocked a generic version of Asacol (400mg) from becoming available by removing it from the market shortly before its patents expired and introducing Delzicol as a replacement.

The Court has decided that the lawsuit can proceed as a class action on behalf of an “End-Payor Class,” or a group of people and entities that could include you. The End-Payor Class includes all persons or entities in the United States and its territories who purchased and/or paid for some or all of the purchase price for Delzicol or Asacol HD in Arizona, California, Florida, Iowa, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Vermont, West Virginia, Wisconsin, and the District of Columbia for consumption by themselves, their families, or their members, employees, insureds, participants, or beneficiaries, during the period July 31, 2013 through and until the anticompetitive effects of Defendants’ unlawful conduct cease and also purchased and/or paid for some or all of the purchase price for Asacol 400mg before July 31, 2013.

YOUR LEGAL RIGHTS AND OPTIONS
Do Nothing

If you do nothing you are choosing to stay in the End-Payor Class. You will be permitted to share in any money that may be obtained in this case through continued litigation or settlement. You will be bound by past and any future court rulings on, or settlement of, the claims against Defendants, and you will not be able to pursue your own claims against them.

Exclude Yourself

Deadline:

January 19, 2018

If you exclude yourself from the End-Payor Class (i.e. opt out), you will not be entitled to any money that may be obtained in this case through continued litigation or settlement. You will not be bound by any past or future rulings against Defendants. You may pursue your own claims against Defendants.

These rights and options—and the deadlines to exercise them—are explained in the notice, which could be found on this website at Notice PageYour legal rights are affected whether you act or not. Please read this entire notice carefully.