New Deadline: Effexor XR Antitrust Class Action Settlement

Wyeth

Settlement Update: Teva Pharmaceuticals has agreed to pay $2,250,000 to settle a class action lawsuit for alleged antitrust violations related to keeping generic versions of Effexor XR off the market. This settlement is in addition to the Wyeth settlement and compensates consumers and third-party payors who allegedly overpaid for brand and generic Effexor XR

2024: Wyeth has agreed to pay $25,500,000 to settle a class action lawsuit for alleged antitrust violations related to keeping generic versions of Effexor XR off the market. This settlement aims to compensate consumers and third-party payors who overpaid for brand and generic Effexor XR due to the delayed market entry of cheaper generic alternatives.

Who is eligible for a class action payout?

You are a class member if:

You consumers who purchased Effexor XR or its generic versions for personal use.
Third-party payors who reimbursed the cost of Effexor XR or its generic versions for their members or beneficiaries also qualify.
The Effexor XR or AB-rated generic version of Effexor XR was purchased between June 14, 2008, and May 31, 2011 in the following states:

Arizona
California
Florida
Kansas
Maine
Massachusetts
Michigan
Minnesota
Mississippi
Montana
Nevada
New Hampshire
New Mexico
New York
North Carolina
Oregon
Rhode Island
South Dakota
Tennessee
West Virginia
Wisconsin

How much is the antitrust settlement payment?

Pro Rata Cash Payment: The amount each claimant receives will depend on the total amount of Effexor XR or AB-rated generic versions of Effexor XR they purchased and the total number of claims filed.

Both the Wyeth and Teva settlement funds will be divided into two main categories: one for consumers and another for third-party payors, calculated based on their qualifying purchases:

Consumers: 22% of the Net Settlement Fund will be distributed among eligible consumers.
Third-Party Payors: 78% of the Net Settlement Fund will be distributed among eligible third-party payors.

How to claim an Effexor XR class action rebate

Class members that have filed a claim for the Wyeth settlement do not need to submit a new claim form.

Class members that have not previously submitted must submit a claim in order to receive a settlement payment. You can file a claim online or print the PDF claim form to mail to the settlement administrator.

Claims must be submitted online or postmarked by July 17, 2025.

Settlement Administrator's mailing address: Effexor XR Indirect Purchaser Settlement, c/o A.B. Data, Ltd., P.O. Box 173005, Milwaukee, WI 53217

Is proof required in order to receive a payment?

Yes, supporting documentation must be submitted with the claim form.

Consumers:

Pharmacy or insurance records showing you purchased Effexor XR or its generic version at least once.
Medical records or a note from your doctor detailing the amount of Effexor XR or generic Effexor XR you were prescribed.
An EOB (explanation of benefits) from your health insurance or pharmacy insurer showing transactions for Effexor XR or its generic version.
Other records showing purchases such as receipts or bank or credit card statements.

Third-Party Payors:

Transaction data

Payout options

Approved claimants will receive a paper check mailed to the address provided on the claim form.

Class action settlement fund breakdown

Wyeth settlement fund: $25,500,000

Teva settlement fund: $2,500,000

The total settlement fund of $28,000,000 covers the following costs:

Settlement administration costs: To be determined
Attorneys' fees: Up to $9,520,000
Attorneys' expenses: To be presented to the court at a later date
Service awards to class representatives: Up to $15,000 each
Payments to approved claimants: Remaining settlement balance after all deductions

Important Dates

Teva settlement:

Fairness Hearing: August 12, 2025
Deadline to File a Claim: July 17, 2025 if you have not previously submitted a claim

Wyeth settlement:

Fairness Hearing: September 12, 2024
Deadline to File a Claim: September 16, 2024

When is the Effexor XR class action settlement payout date?

The Teva Pharmaceuticals final hearing is currently scheduled for August 12, 2025. Payments will be issued to class members with approved valid Wyeth and Teva claims after the new settlement is granted final approval and claims are processed.

Why is there a class action lawsuit and settlement?

The class action lawsuit alleges that Wyeth and Teva engaged in anticompetitive practices to delay the entry of generic versions of Effexor XR into the market. Plaintiffs claim that Wyeth obtained patents it should not have and used them to wrongfully sue generic manufacturers, delaying the availability of less expensive generic alternatives.

Wyeth is accused of entering into an unlawful agreement with Teva to delay the sale of its generic version of Effexor XR. Both Wyeth and Teva deny any wrongdoing and agreed to these settlements in order to avoid the cost of further litigation and the possibility of going to trial.