Multi-State Class Action Settlement

Settlements have been reached in a Class Action Lawsuit regarding the price that consumers and third-party payors paid for Provigil® and generic versions of Provigil® (modafinil). The lawsuit asserts that Defendants Cephalon, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Barr Pharmaceuticals, Inc. (collectively, “Cephalon”), Mylan Pharmaceuticals Inc. and Mylan, Inc. (formerly known as Mylan Laboratories, Inc.) (collectively, “Mylan”), and Sun Pharmaceuticals Industries, Ltd., as successor in interest to Ranbaxy Laboratories, Ltd. and Ranbaxy Pharmaceuticals, Inc., (collectively “Ranbaxy”) violated state antitrust and consumer protection laws relating to the sale of the prescription pharmaceutical Provigil. All Defendants have denied any wrongdoing.

In the Class Action Lawsuit a $48,000,000 Settlement has been reached between the End-Payor Class Plaintiffs (consumers and third-party payors) and the Cephalon Defendants, a $14,377,600 Settlement with the Mylan Defendants, and a $3,500,000 Settlement with the Ranbaxy Defendants. The terms “Class Action Settlement” and “Settlements” shall refer to these three Settlements. The Class Action Settlement provides a total of $65,877,600.

You may be able to recover money in the $65,877,600 Class Action Settlement if you are a consumer or a third party payor who paid for or reimbursed all or part of the cost of Provigil® or modafinil in Alabama, Arizona, California, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Mexico, New York, North Carolina, North Dakota, South Dakota, Tennessee, Utah, Vermont, West Virginia and Wisconsin during the period from June 24, 2006 through August 8, 2019.

California Attorney General Settlement

In addition to the Class Action Settlement, the California Attorney General has reached a separate $69,000,000 settlement with Teva Pharmaceutical Industries, Ltd. and its wholly-owned subsidiaries Cephalon, Inc., Teva Pharmaceuticals USA, Inc., and Barr Pharmaceuticals, Inc. "Teva Defendants") for alleged violations of federal and California antitrust and consumer protection laws relating to the sale and pricing of Provigil® and Nuvigil®, and generic versions of Provigil® (modafinil) (the “CAAG Settlement”).

(The) consumer portion of the CAAG Settlement will be $25,250,000.

California consumers who purchased Provigil®, Nuvigil®, and/or modafinil in any state between June 24, 2006 through December 31, 2012 while they were residents of California may be able to recover money for those purchases from the consumer portion of the CAAG Settlement.

The $65,877,600 Class Action Settlement and the $69,000,000 CAAG Settlement, are separate from, and in addition to, a previous settlement between certain State Attorneys General (which did NOT include the California Attorney General) and the Cephalon Defendants.

Even if you received payments from the previous State Attorneys General Settlement, you may still be eligible to receive a payment from the Class Action Settlement and/or the CAAG Settlement. Likewise, even if you did not participate in the previous State Attorneys General Settlement, you may still participate in the Class Action Settlement and/or the CAAG Settlement.

No one is claiming that Provigil®, modafinil or Nuvigil® is unsafe or ineffective.

*Eligible California consumers may be able to recover money not only from the Class Action Settlement, but also from the CAAG Settlement.