A class-action lawsuit has been filed against Teva Pharmaceuticals Industries, Ltd., along with its subsidiaries and Cephalon, Inc., alleging the companies engaged in an illegal scheme to delay the entry of generic drugs into the market.
Plaintiffs Lamartine Pierre, Jr. and Jesse Gonzalez accuse Teva and its subsidiaries of colluding with Mylan and Pfizer to prevent generic versions of EpiPen and Nuvigil from entering the market. The lawsuit describes this as a “pay-for-delay” or “trade-for-delay” arrangement involving undisclosed agreements that allowed each company to maintain monopolies on their branded drugs beyond the period permitted by law. As a result, consumers were allegedly forced to pay higher prices for medications that should have had lower-cost generic alternatives. The complaint asserts violations of Sections 1 and 2 of the Sherman Act, as well as state laws governing restraint of trade and monopolization.
The plaintiffs seek class-action status on behalf of individuals who purchased Nuvigil between June 1, 2012, and December 31, 2017. They allege that Teva’s actions led to significant overcharges due to delayed access to generics. The complaint demands a jury trial, damages exceeding $5 million, and injunctive relief to prevent further antitrust violations.
The lawsuit refers to earlier settlements involving Mylan and Pfizer concerning similar allegations related to EpiPen pricing. In those cases, both companies paid substantial sums without admitting liability.
The case was filed in the United States District Court for the Eastern District of New York under Case No. 2:25-cv-03510.