A settlement has been reached in a class action lawsuit in the United States District Court for the Central District of California (“the Court”) against Allergan, Inc. (“Allergan”) ("Defendant). The Lawsuit was brought by Adel Tawfilis, DDS d/b/a Carmel Valley Center for Oral and Maxilofacial Surgery and Hamid A. Towhidian (“Plaintiffs”) who allege that Allergan’s Botox® Cosmetic product is the overwhelming U.S. market leader for sales of an injectable neuromodulator for use in cosmetic applications, and that Allergan executed a licensing agreement (“Licensing Agreement”) with a Korean company named Medytox, Inc. (“Medytox”) that markets a rival, arguably superior, and less expensive injectable neuromodulator that competes with Botox® in certain countries outside of the U.S. Plaintiffs allege that the Licensing Agreement between Allergan and Medytox resulted in a delay of the availability of Medytox’s superior product in the U.S. market.
Plaintiffs' claim that the Licensing Agreement reduces competition from taking place between these two potential competitors in the U.S. market for injectable neuromodulators for use in cosmetic applications, and that, by thwarting this competition, Allergan has been able to cement its monopoly market power in the U.S., free from any pricing constraints that may have resulted from potential competition in the U.S. by Medytox’s entry. Allergan denies these claims and has asserted numerous defenses to this action.
Copies of court documents are available on the Court Documents page of this website.
This lawsuit does not claim that Botox® is unsafe or ineffective.
|Your Legal Rights and Options|
|Do Nothing||Receive a settlement payment, if you qualify for one and the settlement is approved and becomes final, and give up the right to sue, continue to sue, or be part of another lawsuit against Allergan about the legal claims resolved by this settlement.|
Ask to be Excluded
This is the only option that allows you to sue, continue to sue, or be part of another lawsuit against Allergan related ot the legal claims this settlement resolves. If you ask to be excluded, you will not receive a settlement payment.
The deadline to exclude yourself from the Class is May 17, 2018.
|Object to the Settlement||
If you do not exclude yourself from the settlement, you may object to it by writing to the Court about why you do not like the settlement. if you object, you will recieve a settlement payment, if you qualify for one and the settlement is approved and becomes final, and give up the right to sue, continue to sue, or be part of another lawsuit against Allergan about the legal claims resolved by this settlement.
The deadline to object to the Settlement is May 17, 2018
|Go to a Hearing||
You may object to the fairness of the settlement and ask the Court for permission to speak at the Final Approval Hearing about your objection.
The Final Approval Hearing is scheduled for August 24, 2018 at 2:30 p.m.
These rights and options—and the deadlines to exercise them—are explained in the Settlement Class Notice found on this website.
Your legal rights are affected whether you act or not. Please read the entire notice carefully.