FAQS

The Court authorized the notice because you have a right to know about proposed Settlements, and your rights and options, before the Court decides whether to approve the Settlements. The notice explains the lawsuit, the Settlements, and your legal rights. Your legal rights are affected whether you act or not.

Judge Madeline C. Arleo of the United States District Court for the District of New Jersey is overseeing this case. This lawsuit is known as In Re Metformin Marketing and Sales Practices Litigation, No. 2:20-cv-2324. The people who sued are called the “Plaintiffs.” Teva, Granules, and Heritage are the “Settling Defendants.”

The Notice is about a $3 million Class Settlement with Teva and a $2.55 million Class Settlement with Granules and Heritage. If the Court approves them, the Settlements will resolve the claims against the Settling Defendants and CVS Pharmacy, Inc. The lawsuit will continue against the remaining Defendants who are Amneal Pharmaceuticals, Inc., Amneal Pharmaceuticals LLC, Amneal Pharmaceuticals of New York, LLC, and Walmart, Inc.

The manufacturer Defendants in this lawsuit are: Teva; Granules; Heritage; and Amneal Pharmaceuticals, Inc., Amneal Pharmaceuticals LLC, Amneal Pharmaceuticals of New York, LLC (“Amneal”).

The pharmacy Defendants in this lawsuit are: CVS Pharmacy, Inc. and Walmart, Inc. (“Wal-Mart”).

The lawsuit claims that the manufacturing Defendants falsely advertised their generic drugs containing metformin as being the same or equivalent to Glucophage and/or Glucophage XR and the pharmacy Defendants sold these products. However, the lawsuit says these metformin-containing drugs were contaminated with N-nitrosodimethylamine (“NDMA”) and did not meet the U.S. Food and Drug Administration (“FDA”) standards for metformin. The lawsuit says as a result, people and businesses paid for drugs they would not have. This lawsuit does not include personal injury or wrongful death claims. 

The Settling Defendants deny these allegations, including that the Plaintiffs or Settlement Class Members are entitled to damages or other relief, and maintain that they did nothing wrong.

There has been no determination by the Court or a jury that the allegations against the Settling Defendants have been proven or that, if proven, their conduct caused harm to any Class Member. This Notice is not an expression of any opinion by the Court as to the claims against the Settling Defendants or the defenses asserted by the Settling Defendants.

The notice is only a summary. More detail is provided in the Settlement Agreements, available on the Court Documents page on this website. 

In a class action, one or more people or entities called “class representatives” sue on behalf of themselves and other people who have similar claims. Together, all of these people and entities are a “class” or “class members.” In this case, the class representatives for consumers are Joseph Brzozowski, Jacqueline Harris, Kristen Weineinger, Michael Hann, and Masao Hendrix and third-party payors are MSP Recovery Claims, Series LLC; County of Monmouth; and Ohio Carpenters’ Health Fund. One court and one case resolve the issues for all class members, except for those who exclude themselves (“opt out”) from the class.

The Court has not decided in favor of the Plaintiffs or Settling Defendants. Instead, Settling Defendants have agreed to a settle with Plaintiffs. By agreeing to Settlements, both sides avoid the costs and uncertainty of a trial, and Class Members receive the benefits described in this notice. The proposed Settlements do not mean that any law was broken or that Settling Defendants did anything wrong. Co-Lead Counsel believes that the Settlements are best for all Class Members.

If you received a notice, then you may be a Class Member. But even if you did not, you may be a Class Member, as described below.

You are included in the Settlement with Teva if you are a person or entity in the United States and its territories and possessions who paid any amount of money for a metformin-containing drug (intended for personal or household use) that was manufactured, distributed, or sold by Teva from July 20, 2015 through June 2, 2020.

You are included in the Settlement with Granules and Heritage if you are a person or entity in the United States and its territories and possessions who paid any amount of money for a metformin-containing drug (intended for personal or household use) that was manufactured, distributed, or sold by Granules or Heritage from July 20, 2015 through June 2, 2020.

Persons or entities “purchased” a metformin-containing drug if they paid or reimbursed some or all of the purchase price. 

The Settlements do not include:

•    Settling Defendants (Teva, Granules, and Heritage) and their subsidiaries and affiliates;
•    Federal governmental entities;
•    State and local governmental entities that can only make claims under applicable state law only by the state Attorney General or are otherwise prohibited by applicable law from being asserted by private counsel on a contingent fee basis;
•    Anyone who purchased metformin-containing drugs for resale;
•    Anyone who purchased metformin-containing drugs directly from Settling Defendants or their affiliates;
•    Fully insured health plans (i.e., plans that purchased insurance from another third-party payor that covered 100% of the plan’s reimbursement obligation for its members);
•    Pharmaceutical benefit managers;
•    The judges in this case and any members of their immediate families; and
•    Anyone that properly excludes themselves from the Class (see Question 15).

If you are not sure whether you are a Class Member, or have any other questions about the Settlements, you may contact the Notice and Claims Administrator at

In Re Metformin Marketing and Sales Practices Litigation
P.O. Box 173012
Milwaukee, WI 53217
Toll-Free Telephone: 1-866-302-6835
info@InReMetforminSettlement.com 

If the Settlements are approved and become final, the Settlements will provide money to Class Members and will resolve all Class Members’ claims against the Settling Defendants. Teva will pay $3 million and Granules and Heritage will pay $2.55 million into a Settlement Fund. If the Settlements are approved by the Court, the Settlement Fund will be used to pay:

•    Taxes,
•    Notice and administration costs,
•    Attorneys’ fees and expenses,
•    Class representative service awards, 
•    Other Court-approved fees and expenses, and
•    Money to eligible Class Members; 

The Settlement Agreements and Plan of Allocation, are available on the Court Documents page of this website for more information about the above items that will be paid from the Settlement Fund.

The lawsuit is continuing against the remaining Defendants (see Question 1).

At this time, it is unknown how much each Class Member who submits a valid claim will receive. 

After the taxes; notice and administration costs; and any Court-approved attorneys’ fees and expenses, other fees and expenses, and service awards are paid from the Settlement Fund, the remaining amount will be used to pay eligible Settlement Class Members.

Money will be paid proportionally (or pro rata) to eligible Class Members. Your payment amount will depend on the amount of generic metformin-containing drugs you purchased, how much you paid for them, and the number of valid claims.

Payments will be based on a Plan of Allocation approved by the Court. The proposed Plan of Allocation will be available for review on the Court Documents page of this website.

If there are any funds remaining after all Settlement distributions are made, those funds will be distributed to a non-profit organization approved by the Court. No remaining funds will be returned to the Settling Defendants.

Class Members who are eligible will receive their payments after the Court grants final approval to the Settlements and any appeals are resolved. If there are appeals, resolving them can take time. Please be patient.

Unless you exclude yourself, you will give up your right to separately sue the Settling Defendants about the claims in this lawsuit. All of the Court’s decisions will bind you. The Settlement Agreements describe the specific claims you will give up (or “release”), so read them carefully. The Settlement Agreements are available on the Court Documents page of this website. If you have any questions, you can talk to the lawyers listed in Question 18 for free, or you can talk to your own lawyer if you have questions about what this means.

To ask for a payment, you must complete and submit a valid Claim Form.

You can file a Claim electronically on this website or download a copy of the Claim Form. You may also request one to be mailed to you by calling 1-866-302-6835.

If you are a consumer and unless you consent, your identity will not be made public during any part of the claims process.

Unless a consumer consents, all Claim Form submissions will be kept confidential.

You must submit your Claim Form online or by mail so it is received no later than July 10, 2026. Claims submitted by mail should be sent to the below address: 

In re Metformin Marketing and Sales Practices Litigation
c/o A.B. Data, Ltd.
P.O. Box 173012
Milwaukee, WI 53217

If you do not want a payment from these Settlements, but you want to keep the right to sue or continue to sue the Settling Defendants on your own about the claims in this lawsuit, then you must take steps to get out of the Settlements. This is called excluding yourself – or it is sometimes referred to as “opting out.” 

The specific claims you are giving up (the “Plaintiffs Released Claims”) against the Settling Defendants are described in the Settlement Agreements, available on the Court Documents page of this website. The Settlement Agreements describe the Plaintiffs Released Claims in detail, so please read them carefully.

To exclude yourself, you must e-mail the Claims Administrator by July 10, 2026, or send a letter to the Claims Administrator by first-class mail postmarked no later than July 10, 2026, stating that you want to exclude yourself. You cannot exclude yourself by phone.

Your letter must include:

• Your name, mailing address, and telephone number;
• Documents, data, or other proof showing that you are a Class Member and you purchased and/or paid for generic versions of metformin-containing drugs;
• If you are a third-party payor, data showing all your purchases and payments for generic versions of metformin-containing drugs;
• A statement that you want to be excluded from the Settlement with Teva, Settlement with Granules and Heritage, or both Settlements in In Re Metformin Marketing and Sales Practices Litigation, No. 2:20-cv-2324; and
• Your signature (NOTE: You or your legally authorized representative must personally sign the letter).

If you are an authorized agent or representative, you must provide proof showing you have the legal authority and are authorized to submit the exclusion request for the Class Member.

You must e-mail or mail your exclusion request so it is received no later than July 10, 2026 to:

In Re Metformin Marketing And Sales Practices Litigation
EXCLUSIONS
P.O. Box 173012
Milwaukee, WI 53217
info@inremetforminsettlement.com

You may not submit a request for exclusion for groups of Class Members. Moreover, group or class-wide exclusions shall not be permitted. A request for exclusion must be submitted by each Settlement Class Member on an individual basis, and any request for exclusion by a purported authorized agent or representative of a Class Member must include proof of the representative’s legal authority and authorization to act and request exclusion on behalf of each Class Member they seek to opt out. 

Identifying information for consumers who submit exclusion requests, absent consent, will be kept confidential and their requests will be filed with the Court under seal.

No. You will not get a payment from the Settlements if you exclude yourself.

No. Unless you exclude yourself, you give up the right to sue Teva and/or Granules and Heritage for the claims these Settlements resolve.

Yes. The Court has appointed attorneys at the firms Carella, Byrne, Cecchi, Brody & Agnello, P.C.; Kanner & Whitely, LLC; Bursor & Fisher, P.A.; Honik LLC; MSP Recovery Law Firm; Scott+Scott Attorneys at Law LLP; Asherkelly Attorneys at Law; Nigh, Goldenberg, Raso & Vaughn, PLLC; and Levin Sedran & Berman, LLP to represent you and the other Class Members. These attorneys are called “Co-Lead Counsel.” You may contact Co-Lead Counsel as follows:

You will not be charged for contacting these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

Co-Lead Counsel have not been paid anything to date for their work on this case. Co-Lead Counsel will ask the Court for attorneys’ fees of up to 34% of the Settlement Fund, plus interest. Co-Lead Counsel will also ask the Court for service awards up to $3,500 for each class representative for their work on behalf of the Class. 

Any attorneys’ fees and expenses and service awards approved by the Court will be paid out of the Settlement Fund.

When Class Counsel’s motion for fees, expenses, and class representative service awards is filed, it will be available on the Court Documents page of this website

You have a right to object to or comment on any part of the proposed Settlements, Plan of Allocation, and/or the request for attorneys’ fees, expenses, and service awards. The Court will consider your views. You cannot ask the Court to order different Settlements; the Court can only approve or reject the Settlements. If the Court does not approve the Settlements, no Settlement payments will be made, and the lawsuit against the Settling Defendants will continue. If that is what you want to happen, you may object. 

To object, you, or your authorized agent or representative, must send a letter to the Court that includes the following:
•    Your full legal name, address, telephone number;
•    A statement saying that you object to the Settlements in In Re Metformin Marketing and Sales Practices Litigation, No. 2:20-cv-2324; 
•    A statement of all reasons you object, 
•    Any documents, data, and/or any other supporting evidence, including for any TPP Class Member data showing all your purchases and payments for generic versions of metformin-containing drugs;
•    Documentation demonstrating that you are a member of the Class and/or this statement, followed by your signature: “I declare under penalty of perjury under the laws of the United States of America that [insert your name] is a member of the Class.”
•    Documentation for any request for exclusion by an authorized agent or representative of a Class Member must include proof of the representative’s legal authority and authorization to act and request exclusion on behalf of each Class Member they seek to opt out.
•    A list of all other objections submitted by you, or your counsel, to any class-action settlements submitted in any court in the United States in the previous five (5) years, including the full case name, the jurisdiction in which the objection was filed, and the docket number (or a statement that there are no such objections); 
•    The name and contact information of your lawyer (if you have one);
•    A statement of whether you (or your lawyer) intend to appear and speak at the Fairness Hearing; 
•    Your lawyer’s signature (if you have one); and
•    Your (or your officer’s or legal representative’s) signature.

You must e-mail your comment or objection to the Claims Administrator by July 10, 2026, or send via first-class mail your comment or objection to the Claims Administrator postmarked no later than July 10, 2026.  The Claims Administrator will redact (or “black out”) your name, address, and telephone number and then provide such redacted versions to the Court for filing on the public court docket. The Claims Administrator will also send copies of the original, unredacted objection to the Court, Class Counsel, and Settling Defendants’ Counsel. How the Judge and the parties treat the merits of your objection does not depend on whether you keep your identifying information off the public record.

Any objections should be e-mailed or mailed to the following address:

In re Metformin Marketing and Sales Practices Litigation
OBJECTIONS
P.O. Box 173012
Milwaukee, WI 53217
info@inremetforminsettlement.com

Any lawyer representing a Class Member for the purpose of making comments or objections must also file a Notice of Appearance with the Court using the Court’s Case Management/Electronic Case Files (CM/ECF) system by no later than July 24, 2025 (see Question 25).

Yes. You may file a claim even if you object to, or comment on, the Settlements.

Objecting is simply telling the Court that you do not like something about the Settlements. You can only object to the Settlements if you stay in the Class. If you object to the Settlements, you are still a Class Member, and you can submit a Claim Form by July 10, 2026.

Excluding yourself is telling the Court that you do not want to be a part of the Class and the Settlements. You cannot receive a payment from the Settlement(s) from which you exclude yourself. If you exclude yourself, you also will have no reason to object to the Settlements and appear at the Final Fairness Hearing, because they no longer affect you. 

The Court will hold a hearing (called a Fairness Hearing) to decide whether to approve the Settlements. You may attend and ask to speak, but you don’t have to.

The Court will hold a hearing on August 12, 2026 at 10:00 a.m. virtually via Microsoft Teams at a link to be circulated by the Court. The hearing may be moved to a different date or time without additional notice, so it is a good idea to keep checking this website for updates.

At this hearing, the Court will consider whether the Settlements are fair, reasonable, and adequate. If there are objections, the Court will consider them and may listen to people who have asked to speak at the hearing. The Court may also decide whether to award attorneys’ fees and expenses and service awards for the class representatives. After the hearing, the Court will decide whether to approve the Settlements. We do not know how long these decisions will take.

No. Co-Lead Counsel will answer questions the Court may have at the Fairness Hearing. But you are welcome to come at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.

Yes. You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter stating that it is your “Notice of Intention to Appear in In Re Metformin Marketing and Sales Practices Litigation, No. 2:20-cv-2324.” Be sure to include your full legal name, address, telephone number, and your signature, along with copies of any papers, exhibits, or other evidence and the identity of all witnesses you intend to present to the Court in connection with the Fairness Hearing. Your Notice of Intention to Appear must be received no later than July 24, 2026 and must be sent to the Court’s address listed in Question 20.

If you do nothing, you will not get any money from the Settlements. You will be bound by the Court’s decisions. You will remain in the Class and give up your right to sue the Settling Defendants on your own for the legal claims made in this lawsuit. To ask for a payment, you must complete and submit a Claim Form by July 10, 2026 (see Question 14).

More details are in the Settlement Agreements, available on the Court Documents page. If you have questions, you also may contact the Claims Administrator by writing to In re Metformin Marketing and Sales Practices Litigation, c/o A.B. Data, Ltd., P.O. Box 173012, Milwaukee, WI 53217, emailing info@inremetforminsettlement.com, or calling the toll-free number 1-866-302-6835. 

Complete copies of public pleadings, Court rulings, and other filings are available for review and copying at the Clerk’s office during normal business hours. The address is United States District Court for the District of New Jersey, Martin Luther King Building & U.S. Courthouse, 50 Walnut Street, Newark, New Jersey 07102.

Please do not contact the Court or the Judge regarding this Case.