KV Pharmaceutical Reaches Agreement with U.S. Department of Justice
26 2월 2010 - 3:53AM
PR Newswire (US)
ST. LOUIS, Feb. 25 /PRNewswire-FirstCall/ -- KV Pharmaceutical
Company (NYSE:KVa/KVb) ("the Company") today announced that it has
reached an agreement, subject to court approval, with the United
States Attorney for the Eastern District of Missouri and the Office
of Consumer Litigation of the United States Department of Justice
to resolve an investigation regarding certain activities of ETHEX
Corporation, its generic pharmaceutical marketing and distribution
subsidiary, which occurred in 2008. Under the terms of the
settlement, ETHEX will plead guilty to criminal charges, and will
be required to pay a fine and restitution of $25.8 million. ETHEX
also will not contest an administrative forfeiture of $1.8 million.
"This settlement marks an important milestone in our efforts to
restore normalized business operations at KV, regain full
regulatory and legal compliance and set KV on a new path moving
forward," said David Van Vliet, interim CEO of KV Pharmaceutical.
"Management and the Board have been working diligently to address
this issue and we are looking forward to having this matter
resolved. Looking ahead, we remain focused on working alongside the
FDA in accordance with our consent decree and demonstrating cGMP
compliance so we can resume manufacturing and return our products
to market." Terry Hatfield, Chairman of the Board of Directors
stated, "David Van Vliet and his management team assumed leadership
of KV under difficult circumstances and during a critical period
for the Company. The Board recognizes the commitment and focus
David and his team have demonstrated as KV works towards rectifying
prior regulatory and compliance issues and returning the Company to
market." Under the terms of the settlement, ETHEX's payment of
$25.8 million includes $2.3 million in restitution to the federal
government. The amounts would be paid through a pre-determined
schedule running through July 2012. ETHEX will plead guilty to two
felony counts of failure in 2008 to file Field Alerts for the drugs
Dextroamphetamine and Propafenone. In light of the plea and likely
exclusion of ETHEX from government programs, the company has
determined to cease operations of ETHEX. Because pharmaceutical
manufacturing is conducted by the parent company, KV, this
settlement, if accepted by the court, would not restrict KV from a
return to manufacturing its generic pharmaceutical products upon
regaining compliance with cGMP in accordance with the Company's
consent decree with the Food and Drug Administration (FDA). KV will
also retain all related intellectual property, including all New
Drug Applications (NDA's) for brand drugs and Abbreviated New Drug
Applications (ANDA's) for generic drugs and the ability to conduct
marketing and distribution of all of its previously approved
products. About KV Pharmaceutical Company KV Pharmaceutical Company
is a fully integrated specialty pharmaceutical company that
develops, manufactures, markets, and acquires
technology-distinguished branded and generic/non-branded
prescription pharmaceutical products. For further information about
KV Pharmaceutical Company, please visit the Company's corporate Web
site at http://www.kvpharmaceutical.com/. Cautionary Note Regarding
Forward-Looking Statements This press release contains various
forward-looking statements within the meaning of the United States
Private Securities Litigation Reform Act of 1995 (the "PSLRA") and
which may be based on or include assumptions concerning the
operations, future results and prospects of the Company. Such
statements may be identified by the use of words like "plan,"
"expect," "aim," "believe," "project," "anticipate," "commit,"
"intend," "estimate," "will," "should," "could," "potential" and
other expressions that indicate future events and trends. All
statements that address expectations or projections about the
future, including without limitation, statements about product
development, product launches, regulatory approvals, governmental
and regulatory actions and proceedings, market position,
acquisitions, sale of assets, revenues, expenditures, resumption of
manufacturing and distribution of products and the impact of the
recall and suspension of shipments on revenues, and other financial
results, are forward-looking statements. All forward-looking
statements are based on current expectations and are subject to
risk and uncertainties. In connection with the PSLRA's "safe
harbor" provisions, the Company provides the following cautionary
statements identifying important economic, competitive, political,
regulatory and technological factors, among others, that could
cause actual results or events to differ materially from those set
forth or implied by the forward-looking statements and related
assumptions. Such factors include (but are not limited to) the
following: 1. the ability to continue as a going concern; 2.
difficulties and uncertainties with respect to obtaining additional
capital; 3. the consent decree between the Company and the U.S.
Food and Drug Administration (the "FDA") and the Company's
suspension of the production and shipment of all of the products
that the Company manufactures and the related nationwide recall
affecting all of the products that the Company manufactures, as
well as the related material adverse effect on the Company's
revenue, assets and liquidity and capital resources, all as more
fully described in the Company's Form 8-K filed with the SEC on
January 26, 2009, the Company's Form 8-K filed with the SEC on
February 26, 2009, the Company's Form 8-K filed with the SEC on
March 3, 2009, the Company's Form 8-K filed with the SEC on April
30, 2009, the Company's Form 8-K filed with the SEC on July 24,
2009 and the Company's Form 8-K filed with the SEC on November 12,
2009; 4. the plea agreement between the Company and the U.S.
Department of Justice and the Company's obligations in connection
therewith, as well as the related material adverse effect, if any,
on the Company's revenue, assets and liquidity and capital
resources; 5. changes in the current and future business
environment, including interest rates and capital and consumer
spending; 6. the difficulty of predicting FDA approvals, including
timing, and that any period of exclusivity may not be realized; 7.
the possibility of not obtaining FDA approvals or delay in
obtaining FDA approvals; 8. acceptance of and demand for the
Company's new pharmaceutical products; 9. the introduction and
impact of competitive products and pricing, including as a result
of so-called authorized-generic drugs; 10. new product development
and launch, including the possibility that any product launch may
be delayed; 11. reliance on key strategic alliances; 12. the
availability of raw materials and/or products manufactured for the
Company under contract manufacturing arrangements with third
parties; 13. the regulatory environment, including regulatory
agency and judicial actions and changes in applicable law or
regulations; 14. fluctuations in revenues; 15. the difficulty of
predicting international regulatory approvals, including timing;
16. the difficulty of predicting the pattern of inventory movements
by the Company's customers; 17. the impact of competitive response
to the Company's sales, marketing and strategic efforts, including
the introduction or potential introduction of generic or competing
products against products sold by the Company and its subsidiaries;
18. risks that the Company may not ultimately prevail in
litigation, including challenges to the Company's intellectual
property rights by actual or potential competitors or to the
Company's ability to market generic products due to brand company
patents and challenges to other companies' introduction or
potential introduction of generic or competing products by third
parties against products sold by the Company or its subsidiaries,
including without limitation the litigation and claims referred to
in Note 16 of the Notes to the Consolidated Financial Statements in
the Company's Quarterly Report on Form 10-Q for the quarter ended
June 30, 2008 and under the heading "Certain Other Matters" in the
Company's Form 8-K filed with the SEC on April 30, 2009; 19. the
possibility that the Company's current estimates of the financial
effect of certain announced product recalls could prove to be
incorrect; 20. whether any product recalls or product introductions
result in litigation, agency action or material damages; 21. the
satisfaction or waiver of the terms and conditions for the
acquisition of the full U.S. and worldwide rights to Gestiva(TM)
set forth in the previously disclosed Gestiva(TM) acquisition
agreement, as amended; 22. the series of putative class action
lawsuits alleging violations of the federal securities laws by the
Company and certain individuals, all as more fully described in the
Company's Form 8-K filed with the SEC on January 26, 2009, the
Company's Form 8-K filed with the SEC on February 26, 2009, the
Company's Form 8-K filed with the SEC on April 30, 2009, as well as
certain other of the Company's SEC filings; 23. the possibility
that insurance proceeds are insufficient to cover potential losses
that may arise from litigation, including with respect to product
liability or securities litigation; 24. the informal inquiry
initiated by the SEC and any related or additional governmental
investigative or enforcement proceedings, including actions by the
FDA and the U.S. Department of Justice, as more fully described in
the Company's Form 8-K filed with the SEC on January 26, 2009, the
Company's Form 8-K filed with the SEC on February 26, 2009, the
Company's Form 8-K filed with the SEC on April 30, 2009, the
Company's Form 8-K filed with the SEC on July 24, 2009, the
Company's Form 8-K filed with the SEC on November 12, 2009 and the
Company's Form 8-K filed with the SEC on February 25, 2010; 25.
delays in returning, or failure to return, certain or many of the
Company's approved products to market, including loss of market
share as a result of the suspension of shipments, and related
costs; 26. the ability to sell or license certain assets, and the
terms of such transactions; 27. the possibility that default on one
type or class of the Company's indebtedness could result in cross
default under, and the acceleration of, the Company's other
indebtedness; 28. the possibility that the failure to timely file
the Company's Annual Report on Form 10-K for fiscal year 2009 with
the SEC could result in the delisting of the Company's securities
by the New York Stock Exchange; and 29. the risks detailed from
time to time in the Company's filings with the SEC. This discussion
is not exhaustive, but is designed to highlight important factors
that may impact the Company's forward-looking statements. Because
the factors referred to above, as well as the statements included
elsewhere in this press release, could cause actual results or
outcomes to differ materially from those expressed in any
forward-looking statements made by the Company or on the Company's
behalf, you should not place undue reliance on any forward-looking
statements. All forward-looking statements attributable to the
Company are expressly qualified in their entirety by the cautionary
statements in this "Cautionary Note Regarding Forward-Looking
Statements" and the risk factors that are included under the
caption "Item 1A--Risk Factors" in the Company's Annual Report on
Form 10-K for the year ended March 31, 2008, as supplemented by the
Company's subsequent SEC filings. Further, any forward-looking
statement speaks only as of the date on which it is made and the
Company is under no obligation to update any of the forward-looking
statements after the date of this press release. New factors emerge
from time to time, and it is not possible for the Company to
predict which factors will arise, when they will arise and/or their
effects. In addition, the Company cannot assess the impact of each
factor on the Company's future business or financial condition or
the extent to which any factor, or combination of factors, may
cause actual results to differ materially from those contained in
any forward-looking statements. DATASOURCE: KV Pharmaceutical
Company CONTACT: Michael Anderson, +1-314-645-6600, KV
Pharmaceutical Company Web Site: http://www.kvpharmaceutical.com/
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