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Torts
Unfair Business Practices
Fraudulent Omissions

In re: Budeprion XL Marketing and Sales Practices Litigation (MDL 2107)

Published: Oct. 6, 2012 | Result Date: Sep. 10, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 2:2009-md-02107-BMS Settlement –  Equitable Settlement

Court

USDC Pennsylvania


Attorneys

Plaintiff

Allan Kanner
(Kanner & Whiteley LLC)

Conlee S. Whiteley


Defendant

Paula L. Blizzard
(Office of the Attorney General)

Jay P. Lefkowitz
(Kirkland & Ellis LLP)

Joseph Serino Jr.

Asim M. Bhansali
(Kwun, Bhansali & Lazarus LLP)


Facts

Plaintiffs filed a class action lawsuit against Impax, manufacturers of the antidepressant Bupropion. The plaintiffs claimed that two formulations of extended-release bupropion hydrochloride (BP XL) do not work as well as the brand equivalent, Wellbutrin XL. They argued that the BP XL product was less effective, resulted in side effects not experienced with the brand product, and may have caused confusion in the marketplace.

Result

The parties settled. Impax will permanently cease key practices alleged in the suit, including removing misleading labeling information, further disclosing the drug's testing procedurs, monitoring the investigation of complaints, and improving quality control.


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