TWO YEARS AGO…APRIL 13, 2017 – A copy of the 92-page, partially redacted complaint describes how the company, spin-off company Indivior, and a third company called MonoSol RX gamed the pharmaceutical regulatory process using a variety of “deceptive and unconscionable” practices to maintain a chokehold on the emerging market for medicine-based addiction treatment.
The case against Reckitt Benckiser accuses it of “product hopping,” in which a company tweaks its product slightly, often without any actual improvements, and then applies for a new patent with the intent of keeping its market share intact. In Reckitt Benckiser’s case, the product switch was from the orange Suboxone tablets it had been successfully marketing to a new dissolvable film strip that was developed by co-defendant MonoSol RX.
The plaintiffs in the lawsuit say Reckitt Benckiser took product hopping to a nefarious new level by using “feared-based messaging” and “sham science” to illegally subvert the market for Suboxone tablets while aggressively promoting its new film variation, which was introduced in 2010 and is under patent until 2023.
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