Perrigo acquires rights to generic Delsym cough syrup

ALLEGAN, Mich. Perrigo on Wednesday announced that it has acquired the exclusive U.S. store brand rights to sell and distribute dextromethorphan polistirex extended-release suspension cough suppressant -- the generic version of Reckitt Benckiser's Delsym -- from Tris Pharma.

Tris believes it has a first-to-file ANDA application for the generic that can entitle it to 180 days of generic exclusivity upon approval. Tris and Reckitt Benckiser are currently engaged in Paragraph IV/Hatch-Waxman litigation over the Tris ANDA filing. Under the agreement Perrigo and Tris will share profits, and Perrigo will pay Tris certain milestone payments.

Delsym had annual sales of approximately $125 million dollars, Perrigo reported, citing SymphonyIRI data.