Teva to pay $35 million to settle asthma inhaler antitrust lawsuit
In their court filing, attorneys for the plaintiffs called the settlement “an excellent result”.
Teva Pharmaceuticals has agreed to pay $35 million and retract six patents from a U.S. regulatory list to settle claims that the drug manufacturer delayed generic competition for its QVAR asthma inhalers, causing consumers and others to pay inflated prices.
Filed in federal court in Massachusetts, the proposed class action settlement requires a judge’s approval.
The agreement resolves claims brought by health and welfare plans, consumers, and other so-called end-payers who claimed that Teva conspired 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.
In a statement, Todd Seaver and other lead attorneys for the plaintiffs said that the settlement will mark an example of the private antitrust bar complementing the Federal Trade Commission’s efforts in this area of pharmaceutical market competition.
In agreeing to settle, Teva denied any wrongdoing.
In 2023, the plaintiffs accused Teva of improper patent listings and pursuing “sham” litigation to protect itself from competition, causing bloated prices for consumers and third-party payers.
Teva agreed to withdraw six patents listed for QVAR from the US Food and Drug Administration’s Orange Book – that lists patents protecting drugs the agency has considered safe and effective – as part of the settlement.
Court filings show that the deal keeps in place certain patents listed for Teva’s QVAR Redihaler device.
Consumers and payers in 42 states and the district of Columbia who bought or reimbursed QVAR products between January 2015 and July 2025 are included in the settlement class.
In their court filing, attorneys for the plaintiffs called the settlement “an excellent result.”
“End-Payer Plaintiffs here have achieved what the FTC did not,” they reportedly told the court.
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.
Joseph Vanek of Sperling Kenny Nachwalter, Steve Shadowen of Hilliard & Shadowen; and Todd Seaver of Berman Tabacco represented the plaintiffs.