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GeoPharma, Inc. Sued After Recanting FDA Approval of Drug |
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A class action has been filed in the Southern District Court of New York against GeoPharma, Inc. (NASDAQ: GORX) and certain of its officers and directors by stockholders who purchased the company's common stock from December 1, 2004 to December 2, 2004. The action claims that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. The stockholders seek to recover compensatory damages for the loss of value of their stock.
Specifically, the complaint alleges that GeoPharma violated federal securities laws by issuing false or misleading public statements by claiming that it was developing a "patent-pending" drug for the treatment of oral inflammation suffered by cancer patients known as mucositis. The product was dubbed Mucotrol (TM).
At 7:55 a.m., on December 1, 2004, GeoPharma issued a statement announcing that Mucotrol had been approved by the FDA. On this news, GeoPharma shares shot up on heavy volume, reaching $11.25 per share. However, investigative journalists uncovered that the FDA had not approved any such drug.
On December 2, 2004, GeoPharma admitted that Mucotrol was a "device," not a drug, and that Mucotrol did not contain any medicinal ingredients at all. GeoPharm's sales projections were also called into question. On these revelations, GeoPharma shares sharply declined, last trading at $6.81 per share before trading was halted at 1:29 p.m.
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