Although Allergan is selling its generic drug business, Actavis, to Teva, the sale is not yet complete, leaving Allergan on the hook for the recall of more than 600,000 bottles of generic Adderall. The drugs apparently failed impurity level tests, and while the recall was initiated in February, the FDA just classified the recall during the first week of May. The recall of four different dose forms of dextroamphetamine saccharate, amphetamine aspartate, dextroamphetamine sulfate and amphetamine sulfate tablets was voluntary on the part of Allergan and Actavis. The drug dextroamphetamine is commonly prescribed for both narcolepsy and ADHD.
Teva, a generic drug manufacturer, had hoped to close the $40.5 billion deal with Allergan at the end of March, however the U.S. Federal Trade Commission is still evaluating the deal. Allergan only acquired Actavis little more than a year and a half ago, paying approximately $66 billion. Allergan and Actavis combined created one of the top 10 global pharmaceutical companies by revenues (more than $23 billion in 2015).
While the European Union signed off on Allergan’s sale to Teva in April, there were stipulations.
Drug Recall Classified as “Moderate Risk” by the FDA
Teva was told to sell off another of their businesses in order to avoid dominating the drug manufacturing business. Teva agreed to sell the majority of Allergen’s current generic business in Ireland and England. The FDA has classified the recall of the 600,000 bottles of drugs as a Class II recall. A Class II recall is considered “moderate risk,” meaning the use of a tainted product could cause temporary or medically reversible health consequences, or that there is a fairly remote possibility of a consumer suffering serious, adverse health consequences.
Allergan and Actavis Dealt With Four Recalls in 2015
Allergan appears to be continuing a trend they began in 2015, as far as recalls. During 2015, Allergan recalled four different products at different times. An Allergan eye ointment was recalled in August 2015, after it was found that the packaging was defective and had potentially contaminated the ointment. Customers noted that when the cap was unscrewed from the eye ointment, particles from the cap were mixed with the ointment, causing swelling of the eye, eye pain and blurry vision.
Before the eye ointment recall, Allergan and Actavis recalled 54,719 bottles of epileptic medications in January 2015, then in March 2015 accidentally shopped a batch of eye drops with Danish language on the instructions and packaging to the U.K. In July 2015, Allergan recalled 511,283 boxes of out-of-date birth control packs. The recalled Actavis epileptic medications were recalled from an Indian manufacturing plant, as some of the capsules were only partially filled and others were totally empty.
Recovering from a Drug Recall
Despite the net worth of Actavis, it has had plenty of its own troubles as far as recalls over the past few years. It is a pretty sure bet that Allergan was hoping the sale to Teva would have gone through and the current recall of ADHD medications would have been Teva’s problem rather than their own. As it stands, however, Allergan is on the hook for the current recall. Although the financial and reputational impacts of a product recall can be serious, those impacts are generally not nearly as difficult to overcome for a company the size of Allergan and Actavis. Generally speaking, taking responsibility and quick action are the safest ways to recover from a product recall.
Contact Our National Class Action Pharmaceutical Lawyers
If you have been the victim of a tainted, defective or dangerous drug, it is important that you speak to an experienced Pennsylvania class action pharmaceutical attorney who can answer your questions and ensure your rights are fully protected. To learn more about your legal options or to schedule a free consultation, call Golomb Legaltoday at(215) 278-4449.