Teva agrees to pay $35 million to settle asthma inhaler antitrust lawsuit
By Mike Scarcella
Teva Pharmaceuticals has agreed to pay $35 million and withdraw six patents from a U.S. regulatory list to settle claims that the drugmaker delayed generic competition for its QVAR asthma inhalers, causing consumers and others to pay inflated prices.
The proposed class action settlement was filed in federal court in Massachusetts on Friday and requires a judge’s approval.
The accord resolves claims brought by consumers, health and welfare plans, and other so-called end-payors who alleged Teva schemed to block cheaper generic versions of QVAR, an inhaler containing the asthma medication beclomethasone dipropionate HFA.
Teva did not immediately respond to a request for comment.
Todd Seaver and other lead attorneys for the plaintiffs in a statement said the settlement will mark an example of the private antitrust bar complementing efforts of the Federal Trade Commission in this area of pharmaceutical market competition.
Teva denied any wrongdoing in agreeing to settle.
The plaintiffs in 2023 accused Teva of improper patent listings and pursuing "sham" litigation to shield itself from competition, causing inflated prices for consumers and third-party payors.
As part of the settlement, Teva agreed to the withdrawal of six patents listed for QVAR from the U.S. Food and Drug Administration’s Orange Book, which lists patents protecting drugs the agency has deemed safe and effective.
The deal keeps in place certain patents listed for Teva’s QVAR Redihaler device, court filings show.
The settlement class includes consumers and payors in 42 states and the District of Columbia who purchased or reimbursed QVAR products between January 2015 and July 2025.
Attorneys for the plaintiffs in their court filing called the settlement “an excellent result.” They said the U.S. Federal Trade Commission unsuccessfully requested Teva to withdraw the patents at issue in the lawsuit.
“End-Payor Plaintiffs here have achieved what the FTC did not,” they told the court.
The attorneys said they would ask the court to award them up to about $11.5 million, or 33%, of the settlement fund for legal fees.
The case is Iron Workers District Council of New England Health and Welfare Fund et al v. Teva Pharmaceutical Industries Ltd et al, U.S. District Court for the District of Massachusetts, No. 1:23-cv-11131-NMG.
For plaintiffs: Joseph Vanek of Sperling Kenny Nachwalter, Steve Shadowen of Hilliard & Shadowen; and Todd Seaver of Berman Tabacco
For Teva: Devora Allon of Kirkland & Ellis
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