The Class includes consumers and third-party payors (entities such as employers or insurers). Specifically, the Class includes:
1. Consumers: all persons who, from May 1, 2015 through July 31, 2021, purchased Restasis® in a pharmacy for their own use, or received
Restasis® by mail-order prescription for their own use, in any of the following states: Arizona, Arkansas,* California, Colorado,
the District of Columbia, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri,
Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota,
Tennessee, Utah, Vermont, West Virginia, and Wisconsin.
2. Third-party payors: all entities that, from May 1, 2015 through July 31, 2021, paid for and/or provided reimbursement for some or all
of the purchase price for Restasis® for use by their members, employees, insureds, participants, or beneficiaries, where such persons
purchased the drug in a pharmacy or received Restasis® by mail-order prescription, in the following states: Arizona, Arkansas*, California,
Colorado, the District of Columbia, Florida, Hawaii, Illinois, Iowa, Kansas, Michigan, Minnesota, Mississippi, Nebraska, Nevada,
New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Utah, West Virginia,
* With respect to Arkansas only, Class Members must have purchased, paid for, and/or provided reimbursement for Restasis® between May 1, 2015 and July 31, 2017.
The Class does not include:
• Allergan, its officers, directors, employees, subsidiaries, and affiliates;
• Federal and state government entities except for cities, towns, municipalities, or counties with self-funded prescription drug
• All persons or entities who purchased Restasis® for purposes of resale or directly from Allergan or its affiliates;
• Fully insured health plans (i.e., payors that purchased insurance covering 100% of their reimbursement obligation to members);
• Any “flat copay” consumers who purchased Restasis® only via a fixed dollar copayment that does not vary on the basis of the drug’s
status as brand or generic;
• Pharmacy benefit managers; and
• Judges assigned to this case and their chambers’ staff and any members of the judges’ or chambers staff’s immediate families.
More information concerning the Class definition is included in the Certification Order and Settlement Agreement available on the Court
Documents page of this website. Additionally, if you timely and validly exclude yourself (or “opt out”) from the Class, you will no
longer be a Class Member.