Boehringer Ingelheim international headquarters in Ingelheim, Germany. Photo: Krisztian Bocsi/Bloomberg

A prospective class action lawsuit has been filed against Boehringer Ingelheim Pharmaceutical Inc., alleging the Big Pharma company made false and misleading statements regarding its Combivent Respimat asthma inhaler.

The 24-page federal lawsuit in Connecticut accuses the international company of conducting “an extensive, widespread, comprehensive and uniform nationwide marketing campaign” that misrepresented the dosage of its Combivent inhalers. It claims the company offered metered-dose inhalers that were supposed to provide a set number of constant puffs, but which fell far short.

The suit states, “Defendant's product does not actually live up to these advertised promises.”

One inhaler can cost upwards of $450, although most insurance plans provide coverage.

Combivent is a bronchodilator designed to treat chronic obstructive pulmonary disease, or COPD. Each inhaler is supposed to provide “120 metered doses of relief from lung constriction,” but sometimes contains half that amount, according to the lawsuit.

“Those representations are false, deceptive and unfair,” states the complaint by Hollywood, Florida, resident and named plaintiff Carl Ignacuinos, who said he took a running count of doses from several Boehringer inhalers.

As of Tuesday, the company has not assigned an attorney to the matter. Sheila Denton, the company's general counsel and senior vice president, did not respond to a request for comment. And Chris Wahlers, associate director of public relations for Boehringer Ingelheim, said the company was reviewing the complaint and would ”respond to the complaint in due course.”

“Patient safety and product integrity are our top priorities,” Wahlers said. “We diligently work to ensure all of our medicines are manufactured in accordance to FDA-approved labeling, and we are confident that our inhaler delivers the correct doses of the medicine.”

Wahlers also said the Food and Drug Administration has approved Combivent Respimat  for COPD, but not as an asthma treatment.

While the plaintiff lives in south Florida, he filed suit in Connecticut, where Boehringer Ingelheim bases its U.S. operations. He said the damage he suffered goes beyond finances.

“Ignacuinos was additionally injured when he was required to restrict his activities because his Combivent had run out prematurely,” the lawsuit said. “Since he would no longer have a means of relieving his breathing obstructions at this point, he often was required to stay indoors in order to minimize the chances of a COPD attack, against which he would be helpless. This was a source of considerable mental anguish.”

The plaintiff and class, the lawsuit states, “were also injured physically and emotionally, since they were subjected to asthma attacks they could not control and had to live with the anxious knowledge of this risk, restricting their activities.”

Representing the plaintiff are attorneys Stephen Bourtin of Stamford-based The Boyd Law Group, and C.K. Lee of New York City-based Lee Litigation Group. Neither attorney responded to a request for comment Tuesday.

The lawsuit seeks certification as a class, restitution to the class, declaratory relief, statutory pre- and post-judgment interest on any amounts awarded, and attorney fees and costs.

The four-count complaint alleges violation of the Connecticut Unfair Trade Practices Act, breach of express warranties, common-law fraud and violations of Florida's Deceptive and Unfair Trade Practices Act, brought on behalf of the Florida class.

Judge Stefan Underhill is scheduled to hear the case.