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Indivior to pay $10 million to consumers, settling FTC Charges over addiction treatment

Christian Fernsby ▼ | July 27, 2020
Indivior, Inc. has agreed to pay $10 million to settle Federal Trade Commission charges that it violated antitrust laws through a deceptive scheme to thwart lower priced generic competition with its branded opioid replacement therapy drug Suboxone.
FTC   Indivior
The proposed stipulated order for a permanent injunction and equitable monetary relief also bars Indivior from similar future conduct.

Topics: Indivior

A prescription oral medication, Suboxone is used to minimize withdrawal symptoms in patients recovering from opioid addiction. This settlement follows the FTC’s 2019 settlement with Indivior’s former parent company, Reckitt Benckiser Group plc.

The $10 million from this settlement will be combined with the $50 million from the Reckitt Benckiser Group plc settlement into a fund that will be used to provide payments to people who purchased Suboxone Oral Film. Starting July 24, 2020, anyone who was prescribed Suboxone film in the United States between March 1, 2013 and Feb. 28, 2019 can file a claim online.

Introduced in 2002, Suboxone quickly became a mainstay of opioid addiction treatment, according to the FTC’s complaint against Indivior. But in 2009, Indivior’s regulatory exclusivity for Suboxone was set to expire, and the company expected to face competition from lower-cost generics.

According to the complaint, before the generic versions of Suboxone tablets became available, Indivior developed a dissolvable oral film version of Suboxone and worked to shift prescriptions to this patent protected film.

The complaint also alleged that to buy more time to move patients to the film version of Suboxone, Indivior filed a meritless citizen petition with the FDA reciting the same unsupported safety claims and requesting that the agency reject any generic tablet application.

The fencing in relief in the stipulated order is specific to this case and appropriate given the egregiousness of Indivior’s alleged conduct.