COLUMBUS, Ohio — Ohio Attorney General Dave Yost unveiled a $49.1 million settlement on Wednesday, with two generic drug manufacturers accused of overcharging consumers, potentially paving the way for compensation for affected buyers.
Toronto-based Apotex and Heritage Pharmaceuticals, headquartered in Eatontown, New Jersey, allegedly engaged in a prolonged conspiracy to artificially boost prices, manipulate markets, and stifle competition for various generic prescription medications. Under the settlement terms, Heritage will contribute $10 million, while Apotex will pay $39.1 million. The agreement was originally filed on Dec. 15, 2016, in the U.S. District Court for the District of Connecticut in Hartford.
Yost condemned the manufacturers’ actions, stating, “This conspiracy rigged the system at the expense of Ohioans who depend on affordable drugs. We’re cracking down on such schemes to ensure fair markets and punish those responsible.”
Eligible consumers—those who bought specific generic drugs between May 2009 and December 2019—can verify their status and seek compensation by visiting www.AGGenericDrugs.com, calling 1-866-290-0182 toll-free, or emailing info@AGGenericDrugs.com.
The settlement stems from a broad effort involving nearly every U.S. state and territory, which launched three significant antitrust lawsuits against 30 companies and 25 executives. The initial 2016 lawsuit named Heritage, Apotex, 16 other firms, and two executives, focusing on 15 generic drugs. Two ex-Heritage leaders, Jeffery Glazer and Jason Malek, later settled and are aiding the case.
A 2019 complaint targeted Teva Pharmaceuticals, Apotex, and 18 other major generic drug producers, implicating 16 senior executives. The third lawsuit, filed in 2020, addresses 80 topical generic drugs tied to billions in U.S. sales, naming 26 companies and 10 individuals. Six executives from this case have settled and are cooperating.
Evidence supporting the lawsuits includes testimony from multiple witnesses, over 20 million documents, and millions of phone records revealing communications among more than 600 industry executives. The filings depict a web of covert meetings at dinners, social events, and private calls, where executives used terms like “fair share” and “playing nice in the sandbox” to mask illicit deals. A cooperating witness’s detailed two-volume notebook, chronicling years of secret talks, serves as a cornerstone of the case.
Yost hailed the settlement as a triumph over corporate overreach, underscoring Ohio’s resolve to shield consumers from exploitative practices.