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Evolus, Inc.

Company NameEvolus, Inc.
Stock SymbolEOLS
Class PeriodFebruary 01, 2019 to July 06, 2020
Lead Plaintiff Motion DeadlineDecember 15, 2020

On July 6, 2020, the Initial Final Determination was issued by the U.S. International Trade Commission (“ITC”) in a case brought by Allergan and Medytox against Evolus, asserting that Evolus stole certain trade secrets to develop Jeuveau™.  The ITC Judge determined that the Company misappropriated 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 the Company’s 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, the Company’s share price declined significantly, 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.

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