4 Million People are Part of a New Breckenridge Duloxetine Generic Cymbalta Refund Settlement
By Steve Levine
Published: November 20, 2025
Settlement Award: $5, $7.50, or $10 Per Prescription
Claim Form Deadline: December 27, 2025
Proof required: Yes
What Is the Breckenridge Duloxetine Class Action About?
You may be part of a new class action settlement reached with Breckenridge Pharmaceutical, Inc. over allegations that its generic duloxetine capsules contained a nitrosamine impurity called n-nitroso-duloxetine above acceptable intake limits, making the product allegedly unlawful to sell and economically worthless. The lawsuit seeks refunds for out of pocket amounts paid for Breckenridge duloxetine and does not cover personal injury or wrongful death claims.What is the Total Settlement Amount?
The settlement notice does not disclose a single lump sum settlement fund. Instead, Breckenridge has agreed to pay all valid claims under a tiered refund program, cover the costs of administering the settlement, fund a separate future refund program for later recalls, and pay court approved attorneys fees, costs, and a modest service award to the class representative.How Do I Qualify For a Payout?
To qualify for money under the Settlement Refund Program you must:• Be a natural person in the United States who purchased Breckenridge duloxetine for personal or household use
• Have purchased it between August 4, 2020 and May 22, 2025
• Submit a timely claim with required documentation showing that the duloxetine you bought was manufactured for Breckenridge
You do not need to show that you got sick from the product, only that you paid for qualifying Breckenridge duloxetine during the class period. If your prescriptions were part of a product recall and you could not use them, you may qualify for higher tier payments.
How Much Can I Get Paid?
The settlement uses three main payment tiers for the Settlement Refund Program:• $5 total if you purchased Breckenridge duloxetine during the class period and provide acceptable proof of purchase
• $7.50 total if you purchased Breckenridge duloxetine that was part of a qualifying product recall before May 22, 2025 and provide documentation tying your prescription to a recalled lot or matching NDC and expiration date
• $10 per prescription if you purchased Breckenridge duloxetine subject to a qualifying recall before May 22, 2025 and you were unable to use that prescription because of the recall, with required documentation and a certification or return of unused product
You can receive only one of these options, not all three, even if you had several prescriptions. Separately, under the Future Refund Program, you may later receive a refund of out of pocket costs for unused recalled duloxetine that is subject to future recalls begun after May 22, 2025.
What are Duloxetine, Generic Cymbalta, and Breckenridge?
Duloxetine is an antidepressant medication used to treat anxiety, depression, and some chronic pain conditions. It increases serotonin and norepinephrine in the brain, which helps regulate mood and pain response.Cymbalta is the original brand name version of duloxetine, made by Eli Lilly. After the patent expired, drug companies began producing generic versions. Generic duloxetine is supposed to work the same as Cymbalta, but it is manufactured by different pharmaceutical companies.
Breckenridge Pharmaceutical, Inc. is one of the companies that manufactures and distributes generic duloxetine in the United States. They do not sell the brand name Cymbalta — only the generic version. Breckenridge is a Florida based generic drug manufacturer that contracts with overseas labs to produce many of its medications.
How Do I File a Claim?
Once the claims period opens, you will be able to:• Submit a claim online at the official settlement website
• Or download a claim form and mail it to the claims administrator
The online claim portal and paper forms will be available at BoyerSettlement.com when the claims period opens. You will need to complete the claim form in full, sign it, and upload or attach the required documentation that shows you purchased Breckenridge duloxetine during the class period and, if you are seeking a higher tier payment, that your prescription was part of a qualifying recall and could not be used.
What is the Claim Form Deadline?
The deadline to submit a claim will be 60 days after the claims period opens or on December 27, 2025.The claims period is scheduled to open 35 days after the Court enters a final order and judgment approving the settlement, as long as there are no appeals. Class counsel and Breckenridge anticipate that final approval will be entered shortly after the fairness hearing on September 23, 2025, but this timing may change. You should check the official settlement website for the exact claims opening date and the specific claim submission deadline once they are posted.
How Many People are Affected?
The settlement class is estimated to include about 4 million people in the United States. This estimate is based on publicly available data regarding annual duloxetine use nationwide and reflects the number of individuals who may have purchased Breckenridge duloxetine during the August 4, 2020 through May 22, 2025 class period.What are the Important Dates?
Key dates from the settlement notice are:• Opt out (exclusion) deadline: August 18, 2025
• Objection deadline: August 18, 2025
• Fairness hearing: September 23, 2025 at 2:00 p.m. Eastern (telephonic hearing)
• Claims period opens: 35 days after final approval order, anticipated shortly after the September 23, 2025 hearing if there are no appeals
• Claim submission deadline: December 27, 2025, or 60 days after the claims period opens
The exact calendar dates for the opening of the claims period and the claim deadline will be posted on the official settlement website once the Court grants final approval.
When Is the Class Action Settlement Payment Date?
There is no fixed payment date yet. Payments will be issued only after:• The Court grants final approval of the settlement
• Any appeals or post approval motions are resolved
• The claims period has closed
• The claims administrator has reviewed documentation and calculated the approved payment tier for each valid claim
Because appeals can delay the process, the time from the fairness hearing to actual payments may take many months or longer.
Is Proof Required to File a Claim?
Yes, proof is required. Acceptable documentation includes:• An original or copy of a pharmacy receipt
• Pharmacy records that show the purchase date and that the product was Breckenridge duloxetine
• Records from your insurer or pharmacy benefits manager that list Breckenridge duloxetine and the purchase date
For the $7.50 and $10 tiers you must provide extra information that ties your prescription to a recalled lot or matches a National Drug Code and expiration date listed in the recall exhibit, and for the $10 per prescription tier you must either return unused product or sign a certification that you could not use it because of the recall.
How Many People are Affected by the Lawsuit?
The class action lawsuit is estimated to reach roughly 4 million people fall within the class definition nationwide. This number includes people who bought Breckenridge duloxetine during the class period whether or not their particular prescription was later recalled. Only a subset of that group is likely to file claims, and a smaller subset will qualify for the higher recall based payment tiers.When Will this Class Action Be Certified?
The parties have reached a settlement that is being presented to the Court for certification of a settlement class and final approval. The Court will decide whether to grant final approval and certify the settlement class at or after the fairness hearing on September 23, 2025. If the Court approves the settlement and no appeals succeed, the class will be certified for settlement purposes only and the case will not proceed as a contested trial on those claims.What are the Odds This Class Action Is Settled?
The pharmaceutical company and the class action lawyers have already negotiated a detailed settlement agreement and scheduled a fairness hearing, which means the case has passed several major steps on the path to settlement. Courts often approve settlements that are negotiated at arm length and provide real benefits, but there is never a guarantee.The class action Court could require changes or deny approval, and objectors could raise issues the Court wants to examine more closely. If final approval is denied, the case could continue as active litigation instead of a settlement.
What is the Anticipated Settlement Amount?
Unlike some cases that disclose a fixed settlement fund, this agreement is structured around specific per claimant payment tiers and a future refund program rather than a publicly announced total dollar fund. Breckenridge has agreed to:• Pay qualifying class members $5, $7.50, or $10 per eligible prescription under the Settlement Refund Program
• Refund out of pocket costs for unused product subject to future recalls through at least January 1, 2028
• Cover the full cost of settlement administration
• Pay court approved attorneys fees, costs, and a service award separate from class member payments
The total amount Breckenridge will ultimately pay depends on how many people file valid claims and how many qualify for the higher tiers.
How Much Will Each Class Action Claimant Be Paid?
For this settlement, the per claimant amounts are fixed in the tiers rather than being a pure pro rata share of one pot:• $5 once per class member with qualifying proof of any Breckenridge duloxetine purchase in the class period
• $7.50 once per class member who proves their class period purchase was from a recalled lot or matches a recalled NDC and expiration date
• $10 per prescription for prescriptions that a class member purchased, were subject to a qualifying recall before May 22, 2025, and could not be used because of that recall, with required proof and return or certification
You can receive only one of these options under the Settlement Refund Program, so if you qualify for the $10 per prescription level that will replace the smaller flat payments. Additional refunds may later be available under the Future Refund Program if you have unused duloxetine that becomes subject to a new recall after May 22, 2025.
What Are the Odds that the Class Action Will Be Certified, Settled, and Eventually Pay Out?
The case has already advanced to a proposed settlement with a scheduled fairness hearing, which suggests a meaningful chance that it will be certified for settlement purposes and approved. Still, several things must happen before payments go out:• The Court must grant final approval and certify the settlement class
• Any appeals or motions to change the approval order must be resolved
• The claims period must open and close
• The administrator must process claims and calculate each payment
Courts frequently approve settlements like this, but there is always a possibility of delay or change. Class members should monitor the official settlement website for updates, including confirmation that final approval has been granted and the claims period has opened.
How Do I Find Class Action Settlements?
Find all the latest class actions you can qualify for by getting notified of new lawsuits as soon as they are open to claims:Claim Form Website: BoyerSettlement.com
Visit Official Settlement Site
Official Settlement Notice
Sources
• Official Settlement Website: www.BoyerSettlement.com• Case Information from PACER: U.S. District Court for the District of New Jersey, Boyer v. Breckenridge Pharmaceutical, Inc., Case No. 2:24-cv-06514-JKS-JBC
Filing Class Action Settlement Claims
Please submit only truthful information. False claims can be rejected and may have consequences. If you are not sure whether you qualify, review the official notice or contact the settlement administrator. OpenClassActions.com is a consumer news site and is not a settlement administrator or a law firm.
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| Class Action Summary | |
| Status | Proposed Settlement |
|---|---|
| Claim Form Deadline | 60 days after claims period opens (date pending) |
| Settlement Amount | Not publicly disclosed, tiered refund program |
| Category | Pharmaceutical Drugs |
| Estimated Payout per Person | $5 flat, $7.50 flat for recalled lots, or $10 per unused recalled prescription with required proof |
| Case Number | 2:24-cv-06514-JKS-JBC |
| Case Title | Boyer v. Breckenridge Pharmaceutical, Inc. |
| Court | U.S. District Court for the District of New Jersey |
| Final Approval Hearing | September 23, 2025, 2:00 p.m. Eastern on Zoom / Telephone |
| Claim Website | BoyerSettlement.com |
| Administrator | Verita Global, Claims Administrator |