Class Eligibility

All persons residing in the states of Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming and the District of Columbia who purchased and/or paid for Provigil® or generic versions of Provigil® (modafinil) for consumption by themselves or their families during the period from June 24, 2006 through March 31, 2012. You “purchased and/or paid for” if you paid some or all of the cost of the drug. If insurance did not pay for the whole amount of the drug, you are included. Specifically, you purchased and/or paid for Provigil® or generic versions of Provigil® (modafinil) if you were:

(a) An uninsured consumer who paid all of the purchase price of the prescription; or

(b) An insured consumer who made a co-payment or other partial out-of-pocket payment, or paid the entire cost because you had not met a deductible amount under your health plan.

Estimated Amount


With a few exceptions, consumers’ recovery will be calculated based on how much you paid for Provigil® and generic versions of Provigil® (modafinil) from June 24, 2006 through March 31, 2012, compared to the amount paid of all other consumers who file valid and timely claim forms.

Proof of Purchase


Per the terms you may be required to provide proof of purchase later

Case Name

State of New York, et al., v. Cephalon, Inc. et al.,
Civil No. 2:16-CV-4234.
District Court for the Eastern District of Pennsylvania

Case Summary

This lawsuit claims that Defendants engaged in a course of conduct to delay the sale of generic versions of Provigil®. The lawsuit claims this conduct violated federal and state antitrust laws and consumer protection laws by delaying the entry into the market of low-cost generic versions of Provigil®. Defendants deny all of these claims. The Court has not made any determinations regarding the merits of the case.

Settlement Pool





State AG Provigil Settlement, c/o A.B. Data, Ltd.,
P.O. Box 173026, Milwaukee, WI 53217,

10 responses to “Provigil Generic Delay Anti-Trust Class Action Settlement”

  1. Lora leigh smith says:

    I purchased provgil

  2. Brittany Kinder says:

    I purchased Provigil around March 2011
    However, I have no proof.

    ADMIN – Hi Brittany,

    Please refer to your pharmacist for evidence.

  3. Sara E Dodson says:

    I have taken Provigil and/or Modafinil (when it came out on the market as the generic version) for many, many, many years. Even with insurance and having to meet our Deductible and Co-pay every new year, this prescription would be the first to be filled and, of course, was the most expensive! I have always cringed and would get so upset wondering where we were going to get the money just for one necessary-to-function drug! To this day, I physically feel myself get uptight when I think about the expense! Sadly, I have been only able to obtain this one record for January 2012 due to the neurologist’s office changing/updating how records are kept and so, they no longer have access to anything prior to that date.

    ADMIN – Hi Sara,

    Your source for records is actually the pharmacy.

    • Sara E Dodson says:

      Right, thank you, however, the pharmacy prior to 2012 has only this one record due to how long records are kept and sadly, since this claim is since 2006, that is the only record I was able to produce.

  4. Darrcel Bailey says:


  5. Darrcel Bailey says:

    I used the product in 2008

  6. Amanda M Short says:

    Is there an online claim form

    ADMIN – Hi Amanda,

    No there is not.

  7. deborah little says:

    I used this product in 2014

  8. sandra hansen says:

    There is an on-line form available on the AG Provigil Settlement Website, or am I missing something?

    ADMIN – Hi Sandra,

    There is, just look at the top a tab reads file a claim.

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