ABILIFY® and ABILIFY MAINTENA® – Canadian Class Action Settlement

ABILIFY® and ABILIFY MAINTENA® – Canadian Class Action Settlement

On March 13, 2020, the Ontario Superior Court of Justice certified a national class action on behalf of ABILIFY® and ABILIFY MAINTENA® Class Members relating to the Defendant drug manufacturers’ alleged failure to warn of the risks of compulsive gambling, hypersexuality, compulsive shopping, and binge eating (“Compulsive Behaviours”) associated with ABILIFY® and ABILIFY MAINTENA®.

Previously, on December 19, 2019, the Superior Court of Quebec authorized a national class action on behalf of ABILIFY® Class Members. Notice of authorization of the Quebec class action was provided on January 6, 2020. The opt-out deadline for ABILIFY® Class Members who did not wish to participate in the Quebec Class Action expired on May 31, 2020.

Proposed Settlement and Approval Hearings

The parties have reached a proposed settlement (the “Settlement”) on behalf of all individuals in Canada who were prescribed and took ABILIFY® before February 23, 2017, (“ABILIFY® Class Members”) and/or received injections of ABILIFY MAINTENA® between February 6, 2014, and December 16, 2016, (“ABILIFY MAINTENA® Class Members”) and their family members. The Courts have not made any determination of the merits of the claims. The Defendants have denied, and continue to deny, the allegations against them in the Class Actions.

For the Settlement to become effective, Court approval is necessary. The Courts must be satisfied that the Settlement is fair, reasonable, and in the best interests of Class Members. The Approval Hearings have been scheduled to be heard before the Ontario Superior Court of Justice and the Superior Court of Quebec on December 20, 2024, and January 8, 2025, respectively.

The Settlement Approval Hearing before the Superior Court of Quebec was heard on January 8, 2025. Class Counsel are waiting to receive the Court’s decision.

Opt-Out Procedure

If you are an ABILIFY MAINTENA® Class Member, you have the right to exclude yourself from the Ontario class action and from the Settlement by delivering an Opt-Out form before December 20, 2024, to the Claims Administrator. Opt-Out Forms will be available shortly.

If you are an ABILIFY® Class Member, and did not previously opt out of the Quebec class action, you may make a request to the Quebec Court to opt out of the Settlement by sending a notice to the clerk of the Superior Court of Quebec at 1 Notre-Dame St. East, Montreal, QC, H2Y 1B6, specifying the Court file no. 500-06-000831-160 and attaching a sworn declaration explaining your reasons. If you do not opt out and the Settlement is approved and becomes effective, you will be bound by the Settlement, which includes a release of your claims.

Related Documents

The Short-Form and Long-Form Notices, which contain more information, are available at the links below:

• Short-Form Notice (English)
• Long-Form Notice (English)
• Short-Form Notice (Français)
• Long-Form Notice (Français)

 The Opt-Out Form is available in both English and French at the links below:

• Opt-Out Form (English)
• Opt-Out Form (Français)

Justice Morgan’s Order and the signed Settlement Agreement (Schedule “A” to the Order) are below:

• Order (English)
• Schedule “A” – Settlement Agreement (English)

More Information

If you have questions or concerns, please contact:

• Class Action Claims Administrator, MNP Ltd. toll-free at 1 (855) 653-0027
• Class Counsel in the Ontario Action, Rochon Genova LLP at 1-416-363-1867; 1-800-462-3864; [email protected]
• Class Counsel in the Quebec Action, Consumer Law Group Inc., at 1-888-909-7863; [email protected]