Attorney General's News Release

July 20, 2004

Missourians to receive almost $1 million in settlement of suit brought by Nixon and other attorneys general

Jefferson City, Mo. — Attorney General Jay Nixon announced 1,324 Missourians who purchased the anti-anxiety prescription drug BuSpar will receive checks totaling $941,822. The payments, which went out this week, are the result of a $37.2 million settlement between Bristol-Myers Squibb, the maker of BuSpar, and the attorneys general of all 50 states, Puerto Rico and the District of Columbia.

The attorneys general sued Bristol-Myers Squibb over concerns the company worked to keep competing generic versions of BuSpar off the market, resulting in higher prices for consumers. When the lawsuit was settled in 2003, Bristol-Myers Squibb agreed to provide refunds for consumers.

"In this day of increasing health care costs, I am doing everything I can to help Missourians keep costs down including ensuring competition in the pharmaceutical industry," Nixon says. "By repeatedly taking action against pharmaceutical manufacturers, we are sending a message we will not let them take advantage of Missourians."

Doctors often prescribe BuSpar for Generalized Anxiety Disorder, which affects approximately 4 million Americans. In some cases, doctors prescribe it to treat Alzheimer's Disease.

Consumers who bought BuSpar from 1998 to 2003 and filed claims with the settlement administrator will receive an average payment of $646.97. Consumers with questions about the settlement will find answers online or by calling the settlement administrator at 1-877-867-6133.

This is the second case in the last three months involving Bristol-Myers Squibb and anti-competitive practices where Missouri consumers have received refunds. In May, Nixon distributed more than $163,000 to individual Missourians who paid extra for the anti-cancer drug Taxol. Another $909,000 was returned to Missouri entities that paid too much for the drug. That nationwide settlement also resulted from concerns that Bristol-Myers Squibb delayed the introduction of lower-cost generic alternatives.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818