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DEADLINE REMINDER: Law Offices of Howard G. Smith Reminds Investors of Looming Deadline in the Class Action Lawsuit Against Evolus, Inc. (EOLS)

·3 min read

Law Offices of Howard G. Smith reminds investors of the upcoming December 15, 2020 deadline to file a lead plaintiff motion in the class action filed on behalf of investors who purchased Evolus, Inc.("Evolus" or the "Company") (NASDAQ: EOLS) securities between February 1, 2019 and July 6, 2020, inclusive (the "Class Period").

Investors suffering losses on their investments Evolus are encouraged to contact the Law Offices of Howard G. Smith to discuss their legal rights in this class action at 888-638-4847 or by email to howardsmith@howardsmithlaw.com.

On July 6, 2020, the U.S. International Trade Commission ("ITC") issued its Final Initial Determination in a case alleging that Evolus stole certain trade secrets to develop Jeuveau™. The ITC Judge found that Evolus misused the botulinum toxin strain as well as the manufacturing processes that led to its development and manufacture. As a result, the ITC Judge recommended a ten-year long ban on Evolus’ ability to import Jeuveau™ into the United States and a ten-year long cease and desist order preventing Evolus from selling Jeuveau™ in the United States.

On this news, Evolus’s share price declined dramatically, falling 37% over the course of two trading days, to close at $3.35 on July 8, 2020, thereby injuring investors.

The complaint filed in this class action alleges that throughout the Class Period, Defendants made materially false and/or misleading statements, as well as failed to disclose material adverse facts about the Company’s business, operations, and prospects. Specifically, Defendants failed to disclose to investors: (1) that the real source of botulinum toxin bacterial strain, along with the manufacturing processes used to develop Jeuveau, originated with and were misappropriated from Medytox; (2) that sufficient evidentiary support existed for the allegations that the Company misappropriated certain trade secrets relating to the botulin toxin strain and the manufacturing processes for the development of Jeuveau; (3) as a result, the Company faced a real threat of regulatory and/or court action, barring the import, marketing, and sale of Jeuveau; (4) which in turn seriously threatened Evolus' ability to commercialize Jeuveau in the United States and generate revenue; and (5) that any revenues generated from the sale of Jeuveau were based on Evolus' unlawful actions, including the misappropriation of trade secrets and secret manufacturing processes belonging to Allergan and Medytox; and (6) that, as a result, the Company’s public statements were materially false and misleading at all relevant times.

If you purchased Evolus securities, have information or would like to learn more about these claims, or have any questions concerning this announcement or your rights or interests with respect to these matters, please contact Howard G. Smith, Esquire, of Law Offices of Howard G. Smith, 3070 Bristol Pike, Suite 112, Bensalem, Pennsylvania 19020 by telephone at (215) 638-4847, toll-free at (888) 638-4847, or by email to howardsmith@howardsmithlaw.com, or visit our website at www.howardsmithlaw.com.

This press release may be considered Attorney Advertising in some jurisdictions under the applicable law and ethical rules.

View source version on businesswire.com: https://www.businesswire.com/news/home/20201029005421/en/

Contacts

Law Offices of Howard G. Smith
Howard G. Smith, Esquire
215-638-4847
888-638-4847
howardsmith@howardsmithlaw.com
www.howardsmithlaw.com