Breckenridge Pharmaceutical has agreed to a class action settlement to resolve allegations that its generic version of Cymbalta (duloxetine) contained N-nitroso-duloxetine (NDLX), a nitrosamine impurity classified as a probable human carcinogen. The lawsuit alleged that the presence of these impurities over acceptable intake limits made the medication dangerous, unlawful to sell, and economically worthless. While Breckenridge denies all allegations of wrongdoing, it has agreed to the settlement to provide cash reimbursement to approximately four million consumers nationwide.
Who is Eligible for a Duloxetine Refund?
To qualify for the Breckenridge settlement, you must meet the following criteria:
- Purchase Requirement: You must have purchased Breckenridge-branded duloxetine for personal or household use.
- Timeframe: Qualifying purchases must have occurred between August 4, 2020, and May 22, 2025.
- Location: The settlement covers all natural persons residing within the United States during the class period.
- Recalled vs. Non-Recalled: The settlement is unique in that it offers compensation for both recalled and non-recalled prescriptions of the drug.
Payout Tiers and Compensation Amounts
Class members can claim compensation from one of three distinct tiers based on their purchase history and documentation.
- Non-Recall Tier: For consumers who purchased prescriptions that were not subject to a recall. This provides a single $5.00 payment, regardless of how many units were purchased.
- Recall Tier: For consumers who purchased prescriptions that were subject to a recall before May 22, 2025. This provides a single $7.50 payment.
- Recall-Plus Tier: For consumers who can prove they purchased recalled duloxetine and were unable to use it due to the recall. This tier offers $10.00 per prescription.
- Pro Rata Scaling: Final payments may be adjusted up or down based on the total number of valid claims received by the administrator.
Required Action Steps to File a Claim
You must submit a valid claim form and provide supporting documentation to receive a payout.
- Gather Proof of Purchase: All tiers require an original or copy of a pharmacy receipt, insurance record, or other pharmacy documentation showing the purchase date and price.
- Provide Lot/NDC Info: For Recall and Recall-Plus tiers, you must provide documentation identifying the recalled lot number, expiration date, or National Drug Code (NDC).
- Submit Verification: For the Recall-Plus tier, you must also provide proof of return or a signed certification attesting that the medication was not used.
- File Online or by Mail: Submit your claim through the official website BoyerSettlement.com or mail a physical form to the Claims Administrator in Philadelphia.
- Strict Deadline: Your claim must be submitted or postmarked by December 27, 2025.
Future Refund Program Information
In addition to this primary settlement, a separate Future Refund Program has been established for consumers who purchased qualifying recalled Breckenridge duloxetine after May 22, 2025. This secondary program will remain active until January 1, 2028, and requires its own separate claim submission through BreckenridgeFutureRefundProgram.com.
