Missouri Attorney General Eric Schmitt announced today that the Court in the Eastern District of Pennsylvania has ruled that his office and a coalition of forty-two states can proceed with their litigation against the makers of Suboxone, Indivior, Inc. The states allege that Indivior, Inc. used illegal means to switch the Suboxone market from tablets to film while attempting to destroy the market for tablets, in order to preserve its drug monopoly.
“Natural market competition is critical to the health of any industry or economy. Missouri joined this lawsuit to preserve that natural market competition and to hold Indivior accountable for allegedly engaging in anti-competitive behaviors," said Attorney General Schmitt. “My priority as Attorney General will always be the protection of Missouri consumers, particularly in what could be a potentially life or death situation, and this lawsuit is only one of many actions my Office has taken in order to protect consumers.”
In a sweeping ruling, federal Judge Mitchell Goldberg denied Indivior Inc.’s motion for summary judgment, holding that there were facts and favorable law for plaintiffs to proceed. Noting that the volume of facts required “enormous judicial resources” to wade through, the Court denied all defendant’s motions for summary judgment, and held in the States’ favor.
A trial has not yet been scheduled but is expected next year.
Missouri is joined in this victory by the attorneys general of Alabama, Alaska, Arkansas, California, Colorado, District of Columbia, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, New Hampshire, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia and Wisconsin.
A link to the decision can be found here: https://ago.mo.gov/docs/default-source/press-releases/suboxone-msj-opinion-8-22-22.pdf?sfvrsn=c0f2845f_2