Provigil Generic Delay Anti-Trust Class Action Settlement

Class Eligibility

All persons residing in the states of Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming and the District of Columbia who purchased and/or paid for Provigil® or generic versions of Provigil® (modafinil) for consumption by themselves or their families during the period from June 24, 2006 through March 31, 2012.
You “purchased and/or paid for” if you paid some or all of the cost of the drug. If insurance did not pay for the whole amount of the drug, you are included. Specifically, you purchased and/or paid for Provigil® or generic versions of Provigil® (modafinil) if you were:

(a) An uninsured consumer who paid all of the purchase price of the prescription; or

(b) An insured consumer who made a co-payment or other partial out-of-pocket payment, or paid the entire cost
because you had not met a deductible amount under your health plan.

Estimated Amount


With a few exceptions, consumers’ recovery will be calculated based on how much you paid for Provigil® and generic versions of Provigil® (modafinil) from June 24, 2006 through March 31, 2012, compared to the amount paid of all other consumers who file valid and timely claim forms.

Proof of Purchase


Per the terms you may be required to provide proof of purchase later

Case Name

State of New York, et al., v. Cephalon, Inc. et al.,
Civil No. 2:16-CV-4234.

District Court for the Eastern District of Pennsylvania

Case Summary

This lawsuit claims that Defendants engaged in a course of conduct to delay the sale of generic versions of Provigil®. The lawsuit claims this conduct violated federal and state antitrust laws and consumer protection laws by delaying the entry into the market of low-cost generic versions of Provigil®. Defendants deny all of these claims. The Court has not made any determinations regarding the merits of the case.

Settlement Pool





State AG Provigil Settlement, c/o A.B. Data, Ltd.,

P.O. Box 173026, Milwaukee, WI 53217,