QVAR Antitrust Settlement

The information contained on this web page is only a summary of information presented in more detail in the Class Notice (“Notice”). Since this website is just a summary, you should review the Notice for additional information.

What is this Lawsuit about?
Plaintiffs allege that Teva took several actions to keep generic versions of QVAR off the market, causing QVAR prices to be higher than they otherwise would have been. This meant that consumers and third-party payors allegedly paid more for brand name QVAR and QVAR Redihaler products than they should have. 

The lawsuit alleges that Teva unlawfully listed certain patents for QVAR into the Food and Drug Administration’s list of Approved Drug Products with Therapeutic Equivalence Evaluations, commonly known in the industry as the “Orange Book.” By listing patents in the Orange Book, brand name drug manufacturers can more easily bring patent lawsuits against generic drug manufacturers who seek to market and sell generic versions of the brand name drug, which automatically delays market entry of a generic version of the drug for at least 30 months. The law only allows certain types of patents to be listed in the Orange Book, and Plaintiffs alleged that the patents Teva listed in the Orange Book for QVAR did not meet the listing requirements.

The lawsuit also alleges that Teva unlawfully discontinued certain versions of QVAR inhalers and switched to new versions of QVAR inhalers in order to obtain patent protection over the new QVAR inhaler versions and keep prices higher than they should have been. Plaintiffs allege that these “product hops” were unlawful.

Plaintiffs allege that, if Teva had not taken these actions, generic versions of QVAR would have been available. Because of the delay in generic competition, Plaintiffs maintain that people were not able to purchase lower-cost generic versions of QVAR and were overcharged. Plaintiffs allege that Teva’s conduct violated certain state and federal antitrust and consumer protection laws.

Teva denies all these allegations, including that the Plaintiffs or Class Members are entitled to damages or any other relief. Teva maintains that it did nothing wrong.

There has been no determination by the Court or a jury that the allegations against Teva have been proven or that, if proven, Teva’s conduct caused harm to the Class. This Notice is not an expression of any opinion by the Court as to the claims against Teva or the defenses asserted by Teva.

This lawsuit is not about the safety or efficacy of QVAR or QVAR Redihaler products, and the Settlement does not involve any claims about the safety or efficacy of QVAR or QVAR Redihaler products.

More detail is provided in the Settlement Agreement, available on the Court Documents tab of this website.

What Does The Settlement Provide?
If the Settlement is approved and becomes final, it will provide money to Class Members. Teva will pay $35 million into a Settlement Fund for:
•    Payments to eligible Class Members; 
•    Attorneys’ fees of up to 33% of the Settlement Fund;
•    Unreimbursed litigation costs and expenses of up to $890,000;
•    Reasonable notice and administration costs and expenses; and
•    Service awards of $25,000 to each of the four class representatives.

Importantly, the Settlement provides that Teva will request removal, or delisting, of certain patents from the FDA’s Orange Book. This will remove certain barriers to bringing generic versions of QVAR to market and achieve one of Plaintiffs’ primary goals in bringing this lawsuit.

The Settlement Agreement and Plan of Allocation, are available under the “Court Documents” tab above. 

How Will I Get A Payment?
If you are a Class Member and do not exclude yourself, you are eligible to file a Claim Form to receive your share of money from the Net Settlement Fund. Claim Forms must be submitted on this site no later than July 31, 2026, or postmarked by that same date and mailed to: 

QVAR Antitrust Settlement
c/o A.B. Data, Ltd.
PO Box 173034
Milwaukee, WI 53217

If you do not file a Claim Form, you will not be eligible to receive any payment from the Settlement.

Further Information
This website and the Notice (Available here) summarize the Settlement.  For more information, please refer to the Notice or view additional case documents under the “Court Documents” tab above. If you have further questions, you may contact the Settlement Administrator or Co-Lead Counsel. Their contact details are available on the Contact page.