Generic Cymbalta Settlement Ends Class Action Over Alleged Cancer-Causing Impurities in Duloxetine
Boyer v. Breckenridge Pharmaceutical, Inc.
Filed: May 29, 2024 ◆§ 2:24-cv-06514
A Breckenridge Pharmaceutical settlement ends a lawsuit that alleged generic Cymbalta (duloxetine) was contaminated with cancer-causing impurities.
New Jersey
Breckenridge Pharmaceuticals has agreed to a class action settlement to resolve a lawsuit that alleged the company made and distributed anxiety and depression treatment duloxetine, the generic version of brand-name Cymbalta, that contained an impurity that can supposedly cause cancer under certain circumstances.
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The generic Cymbalta class action settlement received preliminary approval from the court on May 22, 2025. The deal covers all natural persons in the United States who bought Breckenridge duloxetine for personal or household use between August 4, 2020 and May 22, 2025. Court documents state that, while the exact number of class members is unknown, approximately four million individuals are covered by the generic Cymbalta settlement.
The court-approved Breckenridge Pharmaceutical settlement website can be found at BoyerSettlement.com.
The Breckenridge Pharmaceutical class action settlement offers cash payments in three tiers: Non-Recall Tier, Recall Tier, and Recall Plus Tier. Class members cannot submit claims for more than one tier, the settlement website says.
The Non-Recall Tier offers a single $5.00 cash payment to class members who bought three prescriptions of Breckenridge duloxetine and submit a valid, timely claim form and proof of purchase. Proof of purchase can be provided by presenting an original receipt for the purchase of Breckenridge duloxetine between August 20, 2024, and May 22, 2025.
The Recall Tier offers a single cash payment of $7.50 for class members who bought three prescriptions of Breckenridge duloxetine and submit a valid, timely claim form and provide proof that the purchased duloxetine prescription was subject to a product recall. Proof for the Recall Tier includes documentation from the pharmacy where the Breckenridge duloxetine was purchased, indicating the duloxetine purchased was subject to a recall. Documentation showing the name and address of the pharmacy from which the class member purchased duloxetine, and documentation from the pharmacy showing the expiration date and National Drug Code (NDC) included in the recall, can also be used as proof, per the settlement agreement.
The Recall-Plus Tier offers a $10.00 cash payment per prescription and covers class members who bought three Breckenridge duloxetine prescriptions and submit a valid, timely claim form with proof showing that they purchased and were unable to use the medicine due to a product recall. To prove an inability to use purchased Breckenridge duloxetine, class members should provide documentation of proof of purchase, proof that the duloxetine was subject to a product recall, and proof of return of unused Breckenridge duloxetine due to a product recall, court documents explain.
Generic Cymbalta settlement class members who wish to submit a claim form online can do so on this page.
Class members who wish to submit a claim form can do so here.
All duloxetine settlement claim forms must be submitted online or postmarked by December 27, 2025.
Per court documents, the final approval hearing for this class action settlement was held on September 23, 2025. Compensation will begin to be distributed to class members only after any appeals are resolved.
Settlement class members who purchased Breckenridge duloxetine after May 22, 2025 may be eligible to participate in a future refund program, settlement documents continue. Information about the Breckenridge Future Refund Program, which will remain in effect until January 1, 2028, can be found at BreckenridgeFutureRefundProgram.com.
Duloxetine is a generic version of the brand-name medication Cymbalta, which is used to help control anxiety and depression and a host of other health conditions. According to settlement documents, n-nitroso-duloxetine (NDLX) is a chemical impurity classified as a nitrosamine, part of a family of substances that allegedly increase the risk of certain cancers, that was found in Breckenridge’s duloxetine.
Breckenridge duloxetine allegedly contained NDLX over the acceptable intake amount, and the plaintiff argued the duloxetine purchased by class members was thus contaminated, dangerous, and worthless.
In 2024, Breckenridge recalled hundreds of thousands of bottles of its duloxetine, suggesting that “all Breckenridge duloxetine may have been contaminated,” court documents note.
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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