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 & Honik, P.C. today at(215) 278-4449.