Expired Class Action Settlements

FLUORIDE CHEWABLE TABLETS CLASS ACTION SETTLEMENT

FLUORIDE CHEWABLE TABLETS CLASS ACTION SETTLEMENT

A proposed $15,500,000 settlement has been reached with Endo Health Solutions, Inc.; Endo Pharmaceuticals, Inc.; Generics International (US Parent), Inc., (sued as Generics International (US Parent), Inc., d/b/a Qualitest Pharmaceuticals, Generics Bidco I, LLC, Generics Bidco II, LLC, Generics International (US Holdco), Inc., and Generics International (US Midco), Inc.); Generics International (US), Inc.; and Vintage Pharmaceuticals, LLC., (collectively “Defendants”) in a class action lawsuit involving the Multi-Vitamin with Fluoride Chewable Tablets (the “Chewable Tablets”) (the “Settlement”).
The lawsuit claims that Defendants misrepresented the amount of fluoride contained in the Chewable Tablets from a period beginning October 31, 2007 through December 31, 2015, manufacturing the Chewable Tablets with only approximately 44% of the fluoride ion claimed on the label and package insert.
You are included if you or your company paid for Chewable Tablets branded “Qualitest Pharmaceuticals,” “Vintage Pharmaceuticals,” or “Physicians Total Care,” purportedly containing doses of fluoride of 1.0 mg, 0.5 mg, or 0.25 mg between October 31, 2007 and December 31, 2015.
A qui tam action is a lawsuit brought under the federal False Claims Act by a private individual, known as a relator, on behalf of the government. Before the class action in this case was filed, the United States government settled a qui tam lawsuit with the Defendants related to the Chewable Tablets. In the Stipulation and Order of Settlement and Dismissal in that case, the Defendants acknowledged that “children that were prescribed Qualitest Fluoride Tablets in accordance with the recommendations of the [American Dental Association and the American Academy of Pediatrics] Guidelines (taking into account the pertinent variables including fluoridation of drinking water and age) and consumed one Qualitest Fluoride Tablet per day, as the product labeling instructed, received in any given tablet approximately 44% of the fluoride ion recommended by the ADA-AAP Guidelines.”
In a qui tam, the government is entitled to collect up to three times its damages (often the amount of money the government spent on the products in question) as well as monetary penalties in the thousands of dollars per violation. These remedies are not available to the members of the Class. In the qui tam involving the Chewable Tablets, the Defendants’ total monetary exposure was at least $75 million, plus penalties in the many millions of dollars more. In the qui tam lawsuit, the federal government settled for $22.5 million. In addition, a number of states settled with the Defendants for an additional $15.5 million. In total, this represents approximately half of the Defendants’ exposure excluding penalties.
Including those penalties, the qui tam settlement represents only a small percentage of the Defendants’ potential exposure. By comparison, the Settlement represents approximately one-quarter of the Defendants’ total estimated monetary exposure in the class action. Further, the risks faced by class action litigants are not faced by the government in a qui tam. These risks are set out in more detail in the Motion for Preliminary Approval, which is available on the s
Who’s Eligible

Class Members include anyone who, between Oct. 31, 2007 and Dec. 31, 2015, paid for chewable tablets branded Qualitest Pharmaceuticals, Vintage Pharmaceuticals or Physicians Total Care, which purportedly contained 1 mg, 0.5 mg or 0.25 mg doses of fluoride.

Consumer Class Members include individuals who paid for some or all of the costs of the chewable tablets. Third Party Payor Class Members include entities that are parties to a contract, issuer of a policy or sponsor of a plan that paid for or reimbursed all or part of the cost of chewable tablets.

Potential Award

To Be Determined. The amount each claimant will receive from the chewable tablets settlement depends on several factors, including the amount of chewable tablets they purchased during the Class Period and the total number of claims filed.

Proof of Purchase

None required, unless the Class Member is submitting a claim for more than $250.

Claim Form Deadline

4/17/2017

Case Name

Mahoney v. Endo Health Solutions Inc., et al., Case No. 15-cv-09841 (DLC), in the U.S. District Court for the Southern District of New York

Final Hearing

6/9/2017

Claims Administrator

Fluoride Tablet Settlement
c/o A.B. Data Ltd.
P.O. Box 173017
Milwaukee, WI 53217
800-983-6133
[email protected]

Class Counsel

David M. Buckner
Seth E. Miles
Brett E. von Borke
BUCKNER + MILES

Ryon McCabe
Robert C. Glass
MCCABE RABIN PA

Defense Counsel

Jonathan Stern
ARNOLD & PORTER LLP

How Class Actions Work

Follow these simple steps to claim the money you are owed

Step 1: Find What Your Owed

See if you are among the members of the class that are receiving damages from the alleged wrongdoers.

Step 2: Gather Materials

Gather any required information to submit with your claim. Luckily, many class actions do not require receipts or proof of purchase.

Step 3: Submit Your Claim

Each settlement provides claim instructions to the public. Follow the links on this site to find them and complete the forms.

Step 4: Cash Your Checks

You should receive your checks, coupons or replacements in the mail or electronically shortly.

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