Monthly Archives: February 2021
On November 20, 2020, retailers Walgreen Co., the Kroger Co., Albertsons Cos. and H-E-B LP filed an antitrust action in the U.S. District Court for the Southern District of New York concerning Bystolic, a beta blocker drug used to treat high blood pressure that has $638 million in annual U.S. Sales. Bystolic was developed by Forest Laboratories, and subsequently manufactured by AbbVie Inc. and Allergan Inc.
The new action by the retailers joins the July 2020 class action by direct and indirect purchasers. The Bystolic litigation alleges that the brand manufacturer entered into a series of “pay to delay” settlements with generic competitors Hetero, Torrent, Alkem, Indchemie, Glenmark, Amerigen, and Watson from October 2012 through November 2013 to delay entry of generic Bystolic. These settlements constituted an agreement to delay generic entry in exchange for “side-deals”. The class period is June 2015 to the present.
At the hearing on Bigelow Tea’s motion to dismiss, Schneider Wallace attorneys argued for the class action lawsuit brought against Bigelow Tea for its misleading use of the term “Manufactured in the USA” for tea grown and processed overseas.
The complaint alleges that Bigelow Tea knowingly purchases foreign-sourced black, green and oolong tea leaves, which are also processed from their raw state overseas. Bigelow labels these foreign-grown and foreign-processed teas as “manufactured in the USA” and “100% American family owned”.