Endo Health Solutions Inc. has reportedly agreed to pay $15.5 million to settle a class action lawsuit over its Qualitest multivitamins that allegedly contain less than 45 percent of the amount of fluoride that is advertised on the label.
Plaintiff Shannon Mahoney initially filed the Endo class action lawsuit in December 2015, alleging she purchased Qualitest Multi-Vitamin with Fluoride Chewable Tablets, not knowing the dosage of fluoride contained in the multivitamin was lower than advertised.
The fluoride-containing multivitamin can be prescribed in communities that do not have sufficient levels of fluoride in the water to help prevent tooth decay.
However, according to the fluoride vitamin class action lawsuit, Qualitest Multi-Vitamin with Fluoride Chewable Tablets are no more effective than a placebo.
According to the fluoride vitamin mislabeling class action lawsuit, the fluoride tablets contain a lower concentration than indicated on the label. The amount of fluoride contained in the multivitamin is reportedly far lower than the medically-recommended dosage.
The proposed settlement was reportedly reached on Aug. 18, approximately one month after U.S. District Judge Denise Cote rejected Endo’s bid to dismiss the false advertising class action lawsuit. The judge dismissed negligence and warranty claims but allowed fraud claims to stand.
Individuals and third party payors who paid for Qualitest Multi-Vitamin with Fluoride Chewable Tablets will reportedly be eligible for payment from the proposed class action settlement.
The plaintiffs have proposed a method of notifying potential Class Members, a process that would include serving subpoenas on retail pharmacies and benefit managers.
The proposed notice plan would also involve the use of a list of about 42,000 third-party payor contacts who may be eligible for benefits from the fluoride vitamin class action settlement.
Earlier this week, Judge Cote issued an order expressing concern that the potential burden imposed on the third parties in the notice plan could outweigh the benefits of participating in the settlement.
She asked the plaintiffs to provide an estimate of the recovery Class Members may expect from the settlement fund, the expected costs of administering the settlement and the amount of attorneys’ fees that may be requested.
Judge Cote has asked the plaintiffs to hold off on serving subpoenas until they provide her with the requested information, and she has asked them to respond to her request no later than Sept. 9.
Mahoney is represented by Ryon McCabe and Robert Glass of McCabe Rabin PA, Brett Von Borke of Grossman Roth PA and David Buckner of Buckner & Miles.
The Qualitest Chewable Fluoride Multivitamin Class Action Lawsuit is Shannon Mahoney v. Endo Health Solutions Inc., et al., Case No. 1:15-cv-09841, in the U.S. District Court for the Southern District of New York.