$35M QVAR Inhaler Settlement Resolves Teva Pharmaceuticals Antitrust Lawsuit

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Teva has agreed to a $35 million class action settlement to resolve an antitrust lawsuit that alleged the pharmaceutical company and its enterprises unlawfully took several actions to prevent generic versions of QVAR and QVAR Redihaler inhalers from entering the market, which caused the products to cost more than they otherwise would.

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The $35 million QVAR class action settlement received preliminary approval from the court on April 2, 2026. The settlement covers all individuals or entities that, for consumption by themselves, their families or their members, insureds or beneficiaries, bought, paid and/or provided reimbursement for some or all of the purchase price of QVAR and/or QVAR Redihaler, other than for resale, in any of the following states at any time from January 1, 2015 through July 31, 2025:  

• Alaska, Arkansas, Arizona, California, Connecticut, Delaware, D.C., Florida, Hawaii, Illinois, Indiana, Iowa, Kansas, Maine, Massachusetts, Maryland, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Texas, Utah, Virginia, Vermont, Washington, West Virginia, Wisconsin and Wyoming.

The court-approved website for the QVAR antitrust settlement can be found at QVARAntitrustSettlement.com.

According to the website, QVAR settlement class members and third-party payor healthcare organizations who submit timely, valid claim forms can receive cash payments from the deal. The settlement agreement states that the final amount each claimant will receive is not currently known and will depend on the number of products purchased and  total number of valid claims filed.

Court documents also relay that, as part of the class action settlement, Teva has agreed to request to delist several QVAR patents from the FDA’s Approved Drug Products with Therapeutic Equivalence Evaluations listing, also known as the “Orange Book,” to allow competing products to enter the market.

To file a QVAR settlement claim form online, consumer class members can head to this page and complete each field with the relevant information. Third-party payors can file an online TPP claim form on this page.

Consumer class members can download a claim form here, and third-party payor class members can download a claim form here, to print, fill out and return by mail to the settlement administrator.

All QVAR settlement claim forms must be submitted online or by mail by July 31, 2026.

The court will determine whether to grant final approval to the QVAR antitrust settlement following a hearing on August 5, 2026. Compensation will begin to be distributed to eligible class members only after final approval is granted and any appeals are resolved.

The class action lawsuit alleged that the makers of QVAR and the QVAR Rehihaler —Teva Pharmaceutical Industries Ltd, Teva Pharmaceuticals USA, Inc., Teva Branded Pharmaceutical Products R&D LLC and Norton (Waterford) Ltd.—unlawfully acted to block generic versions of the asthma treatments from entering the market. The lawsuit claimed the defendants, for one, unlawfully listed several patents in the FDA’s Orange Book, which kept the drug’s price artificially high, in violation of the federal Sherman Antitrust Act and a host of state-specific consumer protection and antitrust laws.

The lawsuit also claimed that Teva’s QVAR patents did not meet the requirements to be listed in the Orange Book and that the pharmaceutical company also sought to discontinue older versions of QVAR inhalers to ensure that newer versions would continue to hold patent protection, a practice known as product hopping.

“Because of the delay in generic competition, Plaintiffs maintain that people were not able to purchase lower-cost generic versions of QVAR and were overcharged,” settlement documents state.

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