BOOSTRIX Settlement Ends Class Action Lawsuit Over Allegedly Misleading Advertisements
DeConstanzo v. GloxoSmithKline plc et al.
Filed: August 21, 2021 ◆§ 2:21-cv-04869
A BOOSTRIX class action settlement offers cash to certain consumers who received the BOOSTRIX whooping cough vaccine.
GloxoSmithKline plc, now known as GSK plc, has agreed to a class action settlement to end a lawsuit that alleged the biopharma company ran an advertising campaign that overstated the BOOSTRIX vaccine’s efficacy in preventing transmission of pertussis to others.
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The BOOSTRIX class action settlement received preliminary approval from the court on February 16, 2026 and covers all adults who viewed the “Big Bad Cough” advertising campaign, and either lived in New York at the time or were vaccinated with BOOSTRIX in New York, and were vaccinated with BOOSTRIX from May 20, 2016 through May 20, 2020 to protect one or more other individuals from pertussis, also known as whooping cough.
Court documents state that the “Big Bad Cough” multimedia advertising campaign ran from 2015 to 2020 and can be easily identified. Each ad featured one or more anthropomorphic wolves and allegedly overstated the efficacy of FDA-approved BOOSTRIX, a tetanus toxoid, reduced diphtheria toxoid, and acellular pertussis (Tdap) vaccine, with regard to preventing the transmission of pertussis to others.

The court-approved website for the BOOSTRIX settlement can be found at BigBadCoughSettlement.com.
According to the agreement, BOOSTRIX settlement class members who submit a timely, valid claim form with a sworn attestation of vaccination are eligible for one of two cash benefits, depending on whether they can provide qualifying proof of vaccination.
Class members who provide qualifying proof of vaccination with BOOSTRIX during the class period are eligible to receive a one-time cash payment of $50.
Class members who submit a claim form and attestation of vaccination without qualifying proof of vaccination with BOOSTRIX are eligible to receive a one-time cash payment of $10.
Per the settlement website, qualifying proof of vaccination includes documentary records created by a healthcare provider or pharmacy that administered the Tdap vaccination to the settlement class member that reflects vaccination with BOOSTRIX during the class period, documents prepared by the insurer covering the class member with regard to the subject vaccination that reflect the vaccination with BOOSTRIX, or any other satisfactory medical documentation of the vaccination with BOOSTRIX created before February 10, 2025 by a third party that recorded the date and type of vaccination administered to the class member.
To submit a BOOSTRIX settlement claim form online, class members can head to this page and enter the notice ID and confirmation code as found on their copy of the settlement notice. Alternatively, class members can download a PDF claim form to print, fill out, and return by mail to the settlement administrator.
All BOOSTRIX settlement claim forms must be submitted online or postmarked no later than June 8, 2026.
The court will determine whether to grant final approval to the BOOSTRIX class action settlement following a hearing on July 2, 2026. Compensation will begin to be distributed to class members only after final approval has been granted and any appeals have been resolved.
The BOOSTRIX class action lawsuit centered on the “Big Bad Cough” advertising campaign that claimed GSK’s Tdap vaccine reduced the likelihood of being infected with and transmitting pertussis bacteria. Per the suit, the ads implied that the vaccine would be particularly useful to avoid transmission of whooping cough to babies, who may experience serious complications after contracting the virus.
However, the lawsuit said that BOOSTRIX’s claims were false, as the vaccine did not hinder the transmission of pertussis, and in fact increased the likelihood that an individual may experience an asymptomatic infection and pass it to small children or babies.
The BOOSTRIX class action settlement website notes that the vaccine has been and remains approved by the FDA for immunization against pertussis, tetanus and diphtheria, and that the plaintiff, in their lawsuit, did not challenge the safety or efficacy of BOOSTRIX for protecting vaccine recipients themselves.
Did you know that some class action settlements require no proof to submit a claim? Check out the latest current class action settlements.
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