FibroGen Paying $1.25 Million to SEC
The Securities and Exchange Commission (SEC) says it has accepted an offer from FibroGen to resolve a cease-and-desist order covering false and/or materially misleading statements about the results of certain cardiovascular safety analyses of the firm’s anemia drug roxadustat. A commission order details how the firm’s former chief medical officer “reverse engineered” the initial Phase 3 trial results between 2019 and 2021 to show that roxadustat was superior to epoetin alfa, when in fact the data showed that the two drugs were comparable at best.
The SEC says that between 2019 and 2021, the company raised about $5.6 million in proceeds from its employee stock purchase plan. When a 4/6/2021 company news release disclosed that its previously reported trial results had been based on post-hoc changes to stratification factors, the company’s stock fell by some 41%.
The filing says FibroGen violated provisions of the SEC law and regulations that prohibit fraudulent statements in the offer or sale of securities and in connection with the purchase or sale of securities.
“In determining to accept the [Fibrogen] offer,” the SEC says, “the commission considered FibroGen’s cooperation with the staff’s investigation and agreement to cooperate in a commission investigation and related enforcement action and its remedial efforts.”