Court Dismisses Generic Drug Copay Suit Against Rite Aid

A California district judge dismissed a class action lawsuit against Rite Aid alleging that the drugstore giant pumped up patient copays for certain generic drugs — but left the door open for an amended complaint.

The lawsuit, filed Jan. 23 by California resident Robert Josten, alleged that Rite Aid charged the plaintiff and others a price higher than the “usual and customary” price in violation federal and state regulations.

The complaint accused Rite Aid of maintaining an “undisclosed, dual pricing scheme” for generics available through its discount generic drug program, which it allegedly used to overcharge customers.