IN RE AMITIZA ANTITRUST LITIGATION
UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF MASSACHUSETTS
If you BOUGHT Amitiza directly from Takeda Pharmaceutical Company Limited or Takeda Pharmaceuticals U.S.A., Inc., your legal rights might be affected.
On September 19, 2025, the Court certified a litigation class. The plaintiffs in the lawsuit claim that the defendants, Takeda Pharmaceutical Company Limited and Takeda Pharmaceuticals U.S.A., Inc. (Takeda), violated antitrust laws relating to the sale of the prescription drug Amitiza. Defendant Takeda has denied any wrongdoing.
A Court has approved the lawsuit to proceed as a class action for all direct purchasers because it meets the requirements of Federal Rule of Civil Procedure 23, which governs class actions in federal courts. The class (the Direct Purchaser Class or the Class) includes the following:
All persons and entities in the United States and its territories that directly purchased brand Amitiza and/or generic Amitiza in any form from Takeda or any generic Amitiza manufacturer other than Par, Dr. Reddy’s or Sun, or their subsidiaries or affiliates, from the beginning of the period of delayed generic entry until January 2023. Excluded from the class are the defendants and their officers, directors, management, employees, parents, subsidiaries, and affiliates, all governmental entities, and R&S Northeast. This class definition also excludes entities that purchased only from Par because of this Court’s ruling on the motion to dismiss that those purchasers do not have standing. See In re Amitiza Antitrust Litig., No. 21-11057-RGS, 2022 WL 17968695, *4 (D. Mass. Dec. 27, 2022).
| YOUR LEGAL RIGHTS IN THIS LAWSUIT | |
| DO NOTHING | If you are a member of the class, by doing nothing you will remain in the class and may be entitled to share in any recovery that might come from a trial or settlement. All the Court’s orders will apply to you and legally bind you. You will give up any rights to sue Takeda on your own about the legal claims in this lawsuit. |
| EXCLUDE YOURSELF FROM THE CLASS | You may choose to exclude yourself (i.e., to opt out) from the class. If you decide to exclude yourself, you will not be bound by any decision in this lawsuit or entitled to any benefits that might be achieved through a trial or settlement. If you choose to exclude yourself, you keep any rights to sue Takeda on your own for the legal claims in this lawsuit. See Questions 9 and 10 in the Notice located on the Court Documents page of this website. |
| GET MORE INFORMATION | If you would like to receive more information about the case, you can (1) call or send questions to the notice administrator or lawyers identified in this notice; and/or (2) visit the visit the Court Documents page of this website. |
If you fit within the definition of the class and you do nothing, then you will remain in the class. You will keep the right to a share of any recovery that may come from a trial or settlement with Takeda in this litigation. You will not be able to start your own lawsuit against Takeda relating to the legal issues or claims in this case. All the Court’s orders will apply to you and legally bind you. If you wish to remain in the litigation class, you do not need to do anything at this time.
If you exclude yourself from the class – also known as “opting-out” of the class – you will not get any money or benefits from this lawsuit even if the plaintiffs obtain them as a result of trial or from any settlement with Takeda. If you exclude yourself, you will not be legally bound by any of the Court’s orders as to the claims against Takeda in this class action or any judgment or release entered in this class action. You will keep your right to sue Takeda on your own about the claims in this lawsuit.
Class counsel will have to prove the plaintiffs’ claims at a trial by jury. The jury trial has been scheduled by the Court for April 13, 2026. The trial will be held at the John Joseph Moakley U.S. Courthouse, located at 1 Courthouse Way, Boston, Massachusetts 02210. During the trial, the jury will hear evidence and decide whether the plaintiffs or Takeda are right about the claims in the lawsuit. There is no guarantee that the plaintiffs will win, or that the plaintiffs will get any money for the class. Any judgment will be binding on all class members who have not opted out, regardless of who wins.