Published
September 6, 2024
Updated
July 27, 2026
This settlement resolved antitrust claims that Wyeth kept lower-cost generic versions of the antidepressant Effexor XR off the market, forcing patients and health plans to overpay. Claims closed in September 2024 and the court granted final approval of the $25.5 million fund that same month.
Current Status
Claims are closed. The deadline to submit a claim form was September 16, 2024. The U.S. District Court for the District of New Jersey granted final approval of the $25.5 million settlement on September 12, 2024. No official notice that the distribution has been completed had been published as of July 27, 2026. Anyone who filed a claim should rely on the official settlement website and on communications tied to their own claim.StatusFinal Approval Granted September 12, 2024See the current-status note above.
Claim DeadlineSeptember 16, 2024New claims are not accepted.
Settlement Fund$25,500,000Allocated roughly 78% to third-party payors and 22% to consumers.
Proof RequiredYesDocumentation of at least one qualifying purchase was required; payors claiming $300,000 or more had to submit transaction data.
What Was the Case About?
Plaintiffs alleged that Wyeth Pharmaceuticals improperly obtained patents covering Effexor XR, pursued sham patent litigation against would-be generic competitors, and entered anticompetitive agreements that delayed generic venlafaxine extended-release from reaching the market for more than two years. The complaint claimed that the delay forced consumers, insurers and employee health plans to pay more than they otherwise would have for both the brand and its generic equivalents. Wyeth denied wrongdoing and settled without any admission of liability.The court granted preliminary approval on May 17, 2024 and final approval on September 12, 2024.
Who Was Covered?
The class covered indirect purchasers — people and entities who bought, paid for, or reimbursed some or all of the cost of Effexor XR or its generic equivalents through intermediaries rather than directly from the manufacturer — for purchases made from June 14, 2008 through May 31, 2011 in the states the settlement covered.The notice listed the qualifying states as Arizona, California, Florida, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nevada, New Hampshire, New Mexico, New York, North Carolina, Oregon, Rhode Island, South Dakota, Tennessee, West Virginia and Wisconsin. The official notice controlled the final list and the exact class definition.
How Was the Fund Divided?
The $25.5 million fund was allocated with roughly 78% going to third-party payors such as insurance companies and employee health plans, and the remaining 22% to individual consumers. Each claimant's share depended on how much qualifying Effexor XR or generic venlafaxine they purchased and on the total number of approved claims, after court-approved attorneys' fees, costs, service awards and administration expenses were deducted. Individual amounts were not fixed in advance.What Proof Was Required?
Claimants had to document at least one qualifying purchase — Section D of the claim form asked for that supporting material — and certify under penalty of perjury that the information was true. The administrator could request additional records after a claim was filed. Third-party payors submitting claims of $300,000 or more were required to provide transaction data.What Is Effexor XR?
Effexor XR is a prescription extended-release formulation of venlafaxine hydrochloride, a serotonin-norepinephrine reuptake inhibitor used to treat major depressive disorder, generalized anxiety disorder, social anxiety disorder and panic disorder in adults. Generic venlafaxine extended-release contains the same active ingredient and treats the same conditions. Teva Pharmaceuticals was among the first companies to receive FDA approval for a generic version, in 2010.What Happens Next?
With final approval entered, the remaining steps were resolution of any appeal and distribution of the net fund to approved claimants. No official payment-completion date had been announced as of July 27, 2026. Updates are posted on the official settlement website.Official information is available at Effexor XR Indirect Settlement.
Important Dates
• Class period: June 14, 2008 through May 31, 2011• Preliminary approval: May 17, 2024
• Final approval: September 12, 2024
• Claim deadline: September 16, 2024
Sources
• Official settlement website: Effexor XR Indirect Settlement• Preliminary and final approval orders, In re Effexor XR Antitrust Litigation, U.S. District Court for the District of New Jersey
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Settlement Fund
$25,500,000
Case Title
In re Effexor XR Antitrust Litigation
Court
U.S. District Court for the District of New Jersey
Claim Deadline
September 16, 2024
Status
Final Approval Granted September 12, 2024
Official Website
Effexor XR Indirect Settlement
