Pomerantz LLP

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Pomerantz was appointed co-lead counsel in this antirust class action on behalf of End-Payor Purchaser Plaintiffs, such as union health and welfare trust funds, of brand Flonase and/or generic Flonase for violations of state antitrust and consumer protection laws. Plaintiffs allege Defendant GlaxoSmithKline (“GSK”), the manufacturer of branded Flonase, filed a series of sham citizen petitions with the United States Food and Drug Administration (“FDA”) in an improper effort to keep generic versions of Flonase off the market and preserve GSK’s monopoly. As a result Defendant’s conduct, GSK was able to unlawfully maintain a monopoly and charge higher profits at the expense of consumers and third party payors. 

After nearly five years of litigation, on June 19, 2013, the Court granted final approval to a settlement that will result in Defendant GSK paying up to $46 million to consumers and third-party payors who purchased Flonase and/or generic Flonase.