If you purchased brand or generic Niaspan (extended-release niacin) at any time between April 5, 2009 and June 26, 2014, a class action lawsuit could affect your rights.
A class has been certified in a class action lawsuit alleging claims against the manufacturer of brand name Niaspan and one manufacturer of generic Niaspan (extended-release niacin). If you
you may be a member of the class described below, and a class action lawsuit could affect your rights.
A copy of the Court’s order, along with various court documents relating to this class action are available on the Court Documents page of this website.
| YOUR LEGAL RIGHTS AND OPTIONS | |
| DO NOTHING | If you are a member of the class, by doing nothing you will remain in the class and may be entitled to share in any recovery that may come from a trial or settlement with the defendants. All of the Court’s orders will apply to you and legally bind you. |
| EXCLUDE YOURSELF FROM THE CLASS | This is the only option that allows you to file or be part of another lawsuit against the defendants relating to the claims in this case. If you exclude yourself from the class, you will not be bound by any of the Court’s orders in this case as to the claims against the defendants, nor will you be entitled to participate in and benefit from a recovery in this case, if any. Any dispute about your request to be excluded will be resolved by the Court. |
| GET MORE INFORMATION | If you would like more information about the lawsuit, you can review this notice and send questions to the lawyers identified in Question 13 below. |
These rights and options—and the deadlines to exercise them—are explained in the Notice.
EXCLUDING YOURSELF FROM THE CLASS:
If you exclude yourself from the class – also known as “opting-out” of the class – you won’t get any money or benefits from this lawsuit even if the plaintiffs obtain them as a result of trial or from any settlement with the defendants. If you exclude yourself, you will not be legally bound by any of the Court’s orders as to the claims against the defendants in this class action or any judgment or release entered in this class action.
If you made qualifying purchases yourself, or if you have been assigned all of the antitrust rights of a person or entity that made qualifying purchases, and wish to be excluded from the class, you must send a letter via first class U.S. mail to the notice administrator listed in Question 19 below stating that you want to exclude yourself from the Lawsuit, In Re Niaspqn Antitrust Litigation, MDL No. 2460, Master File No. 13-MD-2460 (E.D. Pa.). This letter should include your name, address, telephone number, and your signature and must be postmarked no later than January 31, 2020. If you have been assigned all of the antitrust rights of a person or entity that would have otherwise been a member of the class, to be excluded, you must also provide a copy of the assignment of claims. Note: If you have previously produced the assignment in this litigation (either as a party who previously filed an action asserting the assigned claim or as a non-party), you may direct the notice administrator to the location of the assignment in the discovery.
THE TRIAL:
If the claims against the defendants are not resolved by a settlement or otherwise, class counsel will have to prove the plaintiffs’ claims at a trial by jury. The date for a jury trial has not yet been set by the Court. During the trial, the jury will hear evidence about whether the plaintiffs are right about the claims in the lawsuit. There is no guarantee that the plaintiffs will win, or that the plaintiffs will get any money for the class. Any judgment will be binding on all class members who have not opted out, regardless of who wins.