Judge Anita Brody of the Eastern District of Pennsylvania certified a class of indirect purchasers of Flonase – a name brand drug manufactured by GlaxoSmithKline PLC (“GSK”). Plaintiffs allege GSK filed improper citizen petitions with the United States Food and Drug Administration in an effort to keep generic versions of Flonase off the market. The certified indirect purchaser class seeks damages for purchases of Flonase by end-payors (consumers and third party payors) from August 2004 to March 2009.
The class, certified in IBEW – NECA Local 505 Health & Welfare Plan v. Smithkline Beecham Corp., consists of end-payors in Arizona, Florida, Massachusetts, and Wisconsin. Plaintiffs sought a nationwide class, but in her June 19 ruling Judge Brody stated, “Although indirect purchasers are correct that named plaintiffs may generally represent other plaintiffs with common but not identical claims, indirect purchasers cannot attempt to expand their class to include states in which no named plaintiff has demonstrated injury.” To read the full class certification opinion, click here. For more information about In re Flonase Antitrust Litigation, click here.