LOS ANGELES (Legal Newsline) – A California man alleges a prescription drug savings program was falsely advertised.
Alan Weisberg, individually and on behalf of all others similarly situated, filed a complaint on Feb. 2 in the U.S. District Court for the Central District of California against Takeda Pharmaceutical Co. LTD, Takeda Pharmaceuticals America Inc., Takeda Pharmaceuticals International Inc., et al. alleging common law fraud, intentional misrepresentation, breach of contract and other counts.
According to the complaint, the defendants offer a Trintellix Savings Program for its pharmaceutical anti-depressant drug Trintellix. He alleges his doctor gave him promotional materials related to Trintellix, free samples, and a 90-day prescription for the drug in 2017.
The plaintiff alleges the defendants advertise that the Trintellix Savings Program with the phrase "pay no more than $10" for a 30-day supply of the drug.
"Mr. Weisberg then visited the Trintellix website and found the same claim that he would pay no more than $10 for a 30-day supply or $30 for a 90-day supply of Trintellix if he activated his Trintellix Savings Card online and consented to share his personal information with Takeda Pharmaceuticals U.S.A. Inc., its affiliates, service providers, and co-promotion partners," the suit states.
The plaintiff alleges he registered his card and shared his information, but when he attempted to fill his prescription, was told the coupon only paid $297.45 and had to pay $849.71 out of pocket.
The plaintiff alleges the defendants have fraudulently obtained money and profits because of the unlawful business acts and practices.
The plaintiff requests a trial by jury and seeks judgment for compensatory and punitive damages, prejudgment interest, injunctive relief, award of attorneys' fees, expenses, costs of suit, and for any other such relief as the court deems just and proper. He is represented by Howard A. Kapp of Law Offices of Howard A. Kapp in Los Angeles.
U.S. District Court for the Central District of California case number 2:18-cv-00784-PA-JC