Update published 8.17.23:
The direct distribution of the Provigil Consumer Fund is still in progress. Once all verified Eligible Consumers have received their share of the Consumer Fund, the final Provigil Cy Pres Fund amount will be determined by the Court after it reviews the accounting of the direct distribution of the Provigil Consumer Fund provided by its court-appointed claims administrator. The timeline for publishing a Request For Proposals (RFP) for potential cy pres grantees will become definite once direct distribution to Eligible Consumers is completed. In order to distribute all cy pres grants based on an accurate accounting of the full amount of residual funds, the timeframe for publishing the RFP has been shifted to sometime in 2024. Please note that this timing is subject to change by the Court.
This is a notice to let potential applicants know that a new fund will be administered by Cy Pres Settlement Funds, stemming from the settlement that has been reached regarding the prescription drugs PROVIGIL®, NUVIGIL®, and generic PROVIGIL® (modafinil). The Settlement resolves Defendants’ alleged violations of antitrust and consumer protection laws by delaying the availability of less expensive generic versions of Provigil®. The Defendants have denied any wrongdoing and no one is claiming that these drugs are unsafe or ineffective.
The press release from the California Attorney General’s Office can be viewed here:
Details will be forthcoming once the California Attorney General’s Office has paid out all consumer claims and a final residual amount has been established, which will be the basis for cy pres grantmaking to benefit the injured consumer class.
If you are pursuing a claim regarding an individual payment from the Provigil class action lawsuit settlement, please visit this website: