Teva allegedly used improper patent listings and product-hopping tactics to delay generic competition for QVAR asthma inhalers, keeping prices artificially elevated for consumers and health plans.
Eligibility
Persons or entities who purchased QVAR or QVAR Redihaler inhalers for personal or family consumption (not for resale) in specified states between Jan. 1, 2015 and July 31, 2025.
Estimated Payout
pro rata share of a $35,000,000 fund per the Court-approved Plan of Allocation — exact per-claimant amount depends on claim volume
Claim Deadline
2026-07-31
Background
The suit — brought by Iron Workers District Council of New England Health and Welfare Fund and others against Teva Pharmaceuticals in the U.S. District Court for the District of Massachusetts — centers on Teva's listing of QVAR-related patents in the FDA's Orange Book; plaintiffs say those listings didn't meet legal requirements and triggered an automatic 30-plus-month delay in generic competition. They also allege Teva discontinued the original QVAR inhaler and rolled out new formulations specifically to extend patent protection and keep prices elevated, a tactic often called product hopping. Teva will pay $35 million into a settlement fund covering class payments, attorneys' fees (capped at 33% of the fund), up to $890,000 in litigation costs, and $25,000 service awards for each of four class representatives. Teva denies the allegations and maintains it did nothing wrong; no court has ruled on liability, and a fairness hearing is set for August 5, 2026.