EOLS on Nasdaq

Evolus, Inc.

American pharmaceutical preparations company based in Newport Beach2

In its 2026 annual report the company says: “We also operate in a very competitive and rapidly changing environment.”5 Its shares trade on Nasdaq under the symbol EOLS.2

Price unavailable

Last updated Oct 21, 2026.

Overview

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  • TickerEOLS on Nasdaq2
  • IndustryPharmaceutical Preparations2
  • HeadquartersNewport Beach, United States2
  • Incorporated inDE3
  • Business address520 Newport Center Drive, Suite 1200, Newport Beach, Ca 926603
  • Filer categoryAccelerated filer3
  • Legal formCorporation2
  • LEI549300VYQRYBQOT8V4192
  • StatusActive2
  • LEI statusLapsed (not renewed)2
  • Registered addressc/o REGISTERED AGENT SOLUTIONS, INC., 838 WALKER ROAD SUITE 21-2, 19904 Dover, United States2
  • Registered withDivision of Corporations, Department of State, 52398912

You should carefully consider these risks, as well as the additional risks described in other documents we file with the U.S. Securities and Exchange Commission (“SEC”) in the future, including subsequent Annual Reports on Form 10-K and Quarterly Reports on Form 10-Q, which may from time to time amend, supplement or supersede the risks and uncertainties we disclose. We also operate in a very competitive and rapidly changing environment. New risks emerge from time to time and it is not possible for our management to predict all risks, nor can we assess the impact of all factors on our business or the extent to which any factor, or combination of factors, may cause actual results to differ materially from those contained in, or implied by, any forward-looking statements.5 From its latest annual report

Financials

From the company’s reports to the SEC. Every number links to the filing it came from.

Key numbers, fiscal 2025

66.3%Gross margin6
-11.0%Operating margin6
-17.4%Net margin6
11.6%Revenue growth, 20256
-$45.7MFree cash flow6

What sells

Revenue by product, business segment and region, as the company reports it to the SEC.

Products and services

Product brought in 99% of the revenue Evolus, Inc. broke down this way in fiscal 2025.

  1. Product$295.0M699%up 12% from 2024
  2. Service$2.2M61%up 13% from 2024
Products and services by year
Products and services202320242025
Product$199.7M$264.3M$295.0M
Service$2.4M$2.0M$2.2M

Where the money goes

Where each dollar of revenue went, fiscal 2025

  • Cost of revenue31¢$100.1M
  • Selling, general and admin69¢$220.8M
  • Income tax0¢$677.0K

Out of $297.2M in revenue.6 The company lost money this year.

Financial statements

Revenue789106$297.2M in 2025+751% since 2019
0$100.0M$200.0M$300.0M2019: $34.9M$34.9M20192020: $56.5M$56.5M2020+62%2021: $99.7M$99.7M2021+76%2022: $148.6M$148.6M2022+49%2023: $202.1M$202.1M2023+36%2024: $266.3M$266.3M2024+32%2025: $297.2M$297.2M2025+12%
Gross profit11106$197.1M in 2025+632% since 2019
0$50.0M$100.0M$150.0M$200.0M2019: $26.9M$26.9M20192022: $89.8M$89.8M2022+234%2023: $137.6M$137.6M2023+53%2024: $182.3M$182.3M2024+33%2025: $197.1M$197.1M2025+8%
Operating income789106-$32.7M in 2025−67% since 2019
-$200.0M-$150.0M-$100.0M-$50.0M02019: -$98.9M-$98.9M20192020: -$153.1M-$153.1M2020+55%2021: -$44.4M-$44.4M2021−71%2022: -$65.3M-$65.3M2022+47%2023: -$49.2M-$49.2M2023−25%2024: -$34.4M-$34.4M2024−30%2025: -$32.7M-$32.7M2025−5%
Net income789106-$51.6M in 2025−43% since 2019
-$200.0M-$150.0M-$100.0M-$50.0M02019: -$90.0M-$90.0M20192020: -$163.0M-$163.0M2020+81%2021: -$46.8M-$46.8M2021−71%2022: -$74.4M-$74.4M2022+59%2023: -$61.7M-$61.7M2023−17%2024: -$50.4M-$50.4M2024−18%2025: -$51.6M-$51.6M2025+2%

Every line of the income statement as filed: the last 3 fiscal years, latest first.6

Period ending2025-12-312024-12-312023-12-31
Revenues$297.2M$266.3M$202.1M
Cost of goods sold$100.1M$84.0M$64.5M
Gross profit$197.1M$182.3M$137.6M
Selling, general and administrative$220.8M$198.0M$164.9M
Research and development$9.6M$9.2M$6.6M
In-process research and development$0$0$8.9M
Revaluation of contingent royalty obligation payable to Evolus Founders-$6.4M$7.2M$4.3M
Depreciation and amortization$4.3M$2.3M$2.2M
Restructuring costs$1.4M$0$0
Total operating expenses$229.8M$216.7M$186.8M
Loss from operations-$32.7M-$34.4M-$49.2M
Interest income$1.9M$3.3M$860.0K
Interest expense-$19.7M-$18.7M-$13.8M
Other income (expense), net-$539.0K$127.0K$696.0K
Loss before income taxes-$51.0M-$49.8M-$61.5M
Income tax expense-$677.0K-$664.0K-$176.0K
Net loss-$51.6M-$50.4M-$61.7M
Currency translation adjustment$749.0K-$478.0K-$90.0K
Comprehensive loss-$50.9M-$50.9M-$61.8M
Net loss per share, basic (in dollars per share)-$0.80-$0.81-$1.08
Net loss per share, diluted (in dollars per share)-$0.80-$0.81-$1.08
Weighted-average shares outstanding used to compute basic net loss per share (in shares)64.5M shares62.0M shares56.9M shares
Weighted-average shares outstanding used to compute diluted net loss per share (in shares)64.5M shares62.0M shares56.9M shares

Compare Evolus, Inc. with another company

Corporate structure

Evolus, Inc. sits at the top of its group. 6 entities, 6 countries on record. Switch between the flow chart and the network, and select any entity to see its details.

Major holders of Evolus, Inc.

  • Evolus, Inc. Newport Beach, California, United States
    • Evolus Australia Pty Ltd Subsidiary · Australia
    • Evolus International Ltd. Subsidiary · United Kingdom
    • Evolus New Zealand Limited Subsidiary · New Zealand
    • Evolus Pharma BV Subsidiary · Netherlands
    • Evolus-Pharma Spain SL Subsidiary · Spain

Built from parent and subsidiary links from GLEIF, the Global Legal Entity Identifier Foundation (CC0); subsidiaries listed in Exhibit 21 of annual reports filed with the SEC; major holders from Schedules 13D and 13G. Each entity in the chart links to its source.

What it owns

What Evolus, Inc. reports owning in its annual reports to the SEC: buildings, land and equipment, real estate and locations, investments, intangible assets and inventory, at the end of its latest fiscal year and a year before.

Property and equipment

ItemLatestA year beforeChange
Property and equipment, before depreciation$10.1M6 Dec 31, 2025$6.7M6 Dec 31, 2024+50.2%
Accumulated depreciation$4.8M6 Dec 31, 2025$3.5M6 Dec 31, 2024+35.1%
Property and equipment, net$5.4M6 Dec 31, 2025$3.2M6 Dec 31, 2024+66.7%
Operating-lease assets (leased space)$7.1M6 Dec 31, 2025$7.2M6 Dec 31, 2024−0.7%

Investments

ItemLatestA year beforeChange
Cash and cash equivalents$53.8M6 Dec 31, 2025$87.0M6 Dec 31, 2024−38.1%

Intangibles and goodwill

ItemLatestA year beforeChange
Goodwill$21.2M6 Dec 31, 2025$21.2M6 Dec 31, 20240%
Intangible assets, net (excluding goodwill)$48.0M6 Dec 31, 2025$48.8M6 Dec 31, 2024−1.5%
Finite-lived intangibles, gross$81.7M6 Dec 31, 2025$76.1M6 Dec 31, 2024+7.3%
Accumulated amortization$33.6M6 Dec 31, 2025$27.4M6 Dec 31, 2024+22.9%
Finite-lived intangibles, net$48.0M6 Dec 31, 2025$48.8M6 Dec 31, 2024−1.5%

Inventory

ItemLatestA year beforeChange
Inventory, total$27.0M6 Dec 31, 2025$12.2M6 Dec 31, 2024+121.8%

Properties, in its own words

Our corporate headquarters is located at 520 Newport Center Drive, Suite 1200, Newport Beach, CA 92660, in a facility that we lease, encompassing in aggregate approximately 30,716 square feet of space. On July 27, 2023, we entered into an amendment to the existing lease agreement for our corporate headquarters for additional office space of approximately 8,333 square feet of space (the “Amended Lease Agreement”). On October 16, 2024, we entered into the Second Amendment to the Lease Agreement (the “Second Lease Amendment” and, with the Amended Lease Agreement, the “Lease Agreement”) to lease additional office space for our corporate headquarters. The lease term for the Second Lease Amendment commenced beginning in October 2025. The Lease Agreement expires on January 31, 2030. With the additional office space, we believe our facilities are sufficient for our current needs. When the Lease Agreement expires, we may exercise our renewal option or

look for additional or alternative space for our operations, and we believe that suitable additional or alternative space will be available in the future on commercially reasonable terms.

Item 2 of the 10-K filed Mar 3, 2026.5

Leadership

Who has led Evolus, Inc., and when. Pick a name to see everywhere that person has worked.

Chief operating officer

  1. J. Christopher Marmo2018
20202025
Board members and other officers (17)

Subsidiaries and ownership

Subsidiaries (Exhibit 21)

  • Evolus Australia Pty Ltd Australia4
  • Evolus GmbH Germany4
  • Evolus International Ltd. United Kingdom4
  • Evolus New Zealand Limited New Zealand4
  • Evolus Pharma BV Netherlands4
  • Evolus Pharma Limited Ireland4
  • Evolus-Pharma Spain SL Spain4

The subsidiaries the company lists in Exhibit 21 of its annual report, as filed.

Timeline

  1. Aug 5, 20268-K Results of operations33
  2. Aug 4, 20268-K Entered a material agreement; Regulation FD disclosure34
  3. Jul 8, 20268-K Entered a material agreement; Regulation FD disclosure35
  4. Jun 12, 20268-K Shareholder vote36
  5. May 4, 20268-K Results of operations; Regulation FD disclosure37
  6. Mar 13, 20268-K Executive or director change38
  7. Mar 3, 20268-K Entered a material agreement; Results of operations; New debt or obligation39
  8. Jan 9, 20268-K Results of operations40
  9. Nov 5, 20258-K Results of operations41
  10. Sep 8, 20258-K Executive or director change; Regulation FD disclosure42
  11. Aug 5, 20258-K Results of operations; Executive or director change43
  12. Jun 6, 20258-K Executive or director change; Shareholder vote44
  13. Nov 9, 2012Founded Evolus, Inc. is founded2

Calendar

Coming up

  1. Nov 4, 2026Reports results for the quarter ending Sep/2026 A year earlier it reported ($0.20) a share, on Nov 5, 2025.45

When it reported results

  1. Aug 5, 2026Reported quarterly or annual results33
  2. May 4, 2026Reported quarterly or annual results37
  3. Mar 3, 2026Reported quarterly or annual results39
  4. Jan 9, 2026Reported quarterly or annual results40
  5. Nov 5, 2025Reported quarterly or annual results41
  6. Aug 5, 2025Reported quarterly or annual results43
  7. May 7, 2025Reported quarterly or annual results46
  8. Mar 4, 2025Reported quarterly or annual results47

Upcoming dates from Nasdaq's calendar; past results from the company's 8-K filings (Item 2.02). The full markets calendar

Filings

291 filings to the SEC since October 2021: 5 annual reports, 15 quarterly reports, 48 major events, 132 insider forms, 41 large holders, 50 other. The latest 20:

  1. Sep 4, 20264 EDGAR
  2. Sep 2, 2026144 EDGAR
  3. Aug 31, 2026SCHEDULE 13G EDGAR
  4. Aug 5, 202610-Q EDGAR
  5. Aug 5, 20268-K EDGAR
  6. Aug 4, 20268-K EDGAR
  7. Jul 8, 20268-K EDGAR
  8. Jun 12, 2026EFFECT EDGAR
  9. Jun 12, 20268-K EDGAR
  10. Jun 10, 2026CORRESP EDGAR
  11. Jun 10, 2026UPLOAD EDGAR
  12. Jun 5, 2026S-3 EDGAR
  13. May 4, 202610-Q EDGAR
  14. May 4, 20268-K EDGAR
  15. Apr 29, 2026DEFA14A EDGAR
  16. Apr 29, 2026DEF 14A EDGAR
  17. Apr 29, 2026ARS EDGAR
  18. Mar 26, 2026SCHEDULE 13G/A EDGAR
  19. Mar 20, 20264 EDGAR
  20. Mar 20, 20264 EDGAR

The 291 filings since October 2021 can be filtered by form type and year here when JavaScript is on.

Every filing from the last five years, summarized. The full record is on SEC EDGAR.

Insider trades

81 open-market trades by officers, directors and large owners since October 2021: 9 buys and 72 sales. Grants, option exercises and gifts are left out.

DateWhoTradeSharesPriceValueFiling
Sep 2, 2026MOATAZEDI DAVIDSee RemarksSale105,108$9.04$950.2KForm 4
Mar 20, 2026Avelar RuiSee RemarksSale3,119$4.75$14.8KForm 4
Mar 20, 2026MOATAZEDI DAVIDSee RemarksSale13,669$4.75$64.9KForm 4
Mar 17, 2026MOATAZEDI DAVIDSee RemarksSale116,720$4.89$570.8KForm 4
Mar 17, 2026Avelar RuiSee RemarksSale29,996$4.89$146.7KForm 4
Dec 22, 2025MOATAZEDI DAVIDSee RemarksSale10,539$7.15$75.4KForm 4
Dec 22, 2025Avelar RuiSee RemarksSale2,261$7.15$16.2KForm 4
Aug 22, 2025Yamagishi-Dressler TomokoChief Marketing OfficerSale5,722$7.51$43.0KForm 4
Aug 15, 2025Stewart BradyDirectorBuy30,000$6.82$204.6KForm 4
Jun 16, 2025MOATAZEDI DAVIDSee RemarksSale16,582$9.89$164.0KForm 4
Jun 13, 2025MOATAZEDI DAVIDSee RemarksSale111,323$10.05$1.1MForm 4
Jun 9, 2025White Albert G IIIDirectorBuy20,000$9.45$189.0KForm 4
May 13, 2025Beaver SandraChief Financial OfficerSale6,494$10.02$65.1KForm 4
May 12, 2025Avelar RuiSee RemarksSale3,385$9.87$33.4KForm 4
May 12, 2025MOATAZEDI DAVIDSee RemarksSale15,787$9.87$155.8KForm 4
Mar 27, 2025MOATAZEDI DAVIDSee RemarksSale6,251$12.40$77.5KForm 4
Mar 18, 2025Avelar RuiSee RemarksSale27,904$13.26$370.0KForm 4
Mar 18, 2025Beaver SandraChief Financial OfficerSale8,996$13.26$119.3KForm 4
Mar 18, 2025Yamagishi-Dressler TomokoChief Marketing OfficerSale4,536$13.26$60.1KForm 4
Mar 18, 2025MOATAZEDI DAVIDSee RemarksSale103,376$13.26$1.4MForm 4

All 81 trades can be filtered by person here when JavaScript is on.

From Forms 4 filed with the SEC.

Major holders

Investors who own more than 5% of the shares must tell the SEC: a 13D if they may seek to influence the company, a 13G if they hold passively.

Executive pay

What the company paid its top executives, from the summary compensation table in its proxy statement. Total pay includes salary, bonus, stock and option awards and other pay, as the company valued them.

YearExecutiveAgeSalaryTotal pay
2025David Moatazedi48$775.0K$6.4M63
2025Tatjana Mitchell48$154.2K$3.2M63
2025Sandra Beaver$231.9K$1.7M63
2025Rui AvelarM.D.64$545.4K$1.7M63
2025Tomoko Yamagishi-Dressler$285.2K$1.6M63
2024President and Chief Executive Officer$743.8K$7.0M63
2024Chief Medical Officer and Head of Research and Development$515.7K$2.9M63
2024Former Chief Financial Officer$477.6K$1.9M63
2024Former Chief Marketing Officer$429.5K$1.5M63
2023President and Chief Executive Officer$687.5K$11.2M63
2023Chief Medical Officer and Head of Research and Development$487.8K$2.9M63
2023Former Chief Financial Officer$437.5K$2.5M63
2023Former Chief Marketing Officer$151.3K$1.7M63

Held by these funds

The largest holders among investment managers' 13F reports for the quarter ending Jun 30, 2026, the top 25 of 100. Change is in shares since the quarter before.

FundSharesValueShare of the fundChange
Nantahala Capital Management, LLC11,204,042$77.8M2.4%+4,827,185
BlackRock, Inc.4,840,828$33.6M0.0%+550,445
Braidwell LP3,155,209$21.9M0.8%+50,000
Frazier Life Sciences Management, L.P.2,630,665$18.3M0.4%No change
Perceptive Advisors LLC2,459,285$17.1M0.3%+1,172,423
Vanguard Capital Management LLC2,362,893$16.4M0.0%−107,515
Assenagon Asset Management S.A.1,816,360$12.6M0.0%+1,218,215
Millennium Management LLC1,787,929$12.4M0.0%+326,770
State Street Corp1,697,294$11.8M0.0%+376,504
Geode Capital Management, LLC1,608,394$11.2M0.0%+227,056
Stonepine Capital Management, LLC1,590,162$11.0M8.4%−168,929
Point72 Asset Management, L.P.1,508,518$10.5M0.0%New
Pinnacle Associates Ltd1,487,264$10.3M0.1%+328,369
Armistice Capital, LLC1,436,000$10.0M0.3%+40,000
Rice Hall James & Associates, LLC1,289,888$9.0M0.4%+35,069
AWH Capital, L.P.1,250,000$8.7M3.0%+625,000
Goldman Sachs Group Inc1,219,419$8.5M0.0%+133,021
Soleus Capital Management, L.P.822,428$5.7M0.2%−1,422,932
Soviero Asset Management, LP770,000$5.3M2.6%+89,627
UBS Group AG752,679$5.2M0.0%−202
Vanguard Portfolio Management LLC545,702$3.8M0.0%+68,625
Charles Schwab Investment Management Inc530,843$3.7M0.0%+15,327
Citadel Advisors LLC506,354$3.5M0.0%−190,275
Northern Trust Corp497,018$3.4M0.0%+24,675
Vanguard Fiduciary Trust Co456,183$3.2M0.0%+31,525

13F reports cover disclosed long positions in U.S. stocks only.

SEC filer profile

How Evolus, Inc. is registered with the Securities and Exchange Commission, from its EDGAR record and the cover page of its latest annual report.

  • Name on EDGAREvolus, Inc.1
  • CIK0001570562
  • Employer ID (EIN)46-13856145
  • Filer statusAccelerated filer not an emerging growth company; not a smaller reporting company; not a shell company5
  • Incorporated inDelaware5
  • Fiscal year endsDecember 311
  • Industry code (SIC)2834 Pharmaceutical Preparations1
  • SEC reviewing officeOffice of Life Sciences, Division of Corporation Finance1
  • Business address520 Newport Center Drive, Suite 1200, Newport Beach, CA 926601
  • Phone(949) 284-45551
  • Shares outstanding66,050,440 as of Jul 31, 202613
  • Public float$560.4M as of Jun 30, 20255
  • AuditorErnst & Young LLP, Irvine, California PCAOB ID 42; it also attests to the company’s internal control over financial reporting5
  • On EDGAR sinceFeb 27, 20131
  • Filings555 in all: 4 (224), 8-K (99), 10-Q (26), 3 (23), SC 13G/A (19), SC 13G (15), CORRESP (14), SCHEDULE 13G/A (13)1
    All 38 form types

    UPLOAD (13), 144 (12), S-8 (12), 10-K (9), DEF 14A (8), DEFA14A (8), 424B5 (7), 4/A (5), EFFECT (5), 424B4 (4), ARS (4), SCHEDULE 13G (4), S-1/A (3), S-3 (3), S-3/A (3), SC 13D/A (3), D (2), DRS (2), DRS/A (2), DRSLTR (2), S-1 (2), 10-K/A (1), 10-Q/A (1), 8-A12B (1), CERT (1), CT ORDER (1), FWP (1), PRE 14A (1), S-3MEF (1), SC 13D (1)

  • Latest filingsAnnual report (10-K) Mar 3, 2026
    Quarterly report (10-Q) Aug 5, 2026
    Proxy statement (DEF 14A) Apr 29, 2026
    Latest 8-K (8-K) Aug 5, 2026

Securities registered for trading

ClassSymbolExchange
Common Stock, $0.00001 par value per shareEOLSThe Nasdaq Stock Market LLC

From the cover page of the 10-K filed Mar 3, 2026 (Section 12(b) of the Exchange Act).5

Risk factors and legal proceedings

The risks Evolus, Inc. names in Item 1A of its 10-K filed Mar 3, 2026: 52 risks under these headings, as written.5

  • Risks Related to Our Business and Strategy
  • Our products face significant competition and our failure to effectively compete may prevent us from achieving significant market penetration and expansion.
  • Our products may fail to achieve the broad degree of aesthetic practitioner adoption and use or consumer demand necessary for continued commercial success.
  • Our products rely on consumer discretionary spending and the purchasing decisions of our customers, both of which are sensitive to difficult to predict global economic conditions, including the imposition of tariffs, or changes in consumer or customer sentiment.
  • We are reliant on Symatese to achieve and maintain regulatory approval for the Evolysse™ product line in the United States. Failure to obtain approval, maintain approval, or obtain approval on our estimated time frame for additional Evolysse™ products would negatively affect our ability to sell these products.
  • We may require additional financing to fund our future operations or execute corporate development activities, and a failure to obtain additional capital when so needed on acceptable terms, or at all, could force us to delay, limit, reduce or terminate our operations.
  • If we or our counterparties do not comply with the terms of our settlement agreement with Medytox, we may face litigation or lose our ability to market and sell Jeuveau®, which would materially and adversely affect our ability to carry out our business, our financial condition and ability to continue as a going concern.
  • The terms of the Medytox Settlement Agreements will reduce our profitability until the royalty obligations expire, and may affect the extent of any discounts we may offer to our customers.
  • Our ability to market our products is limited to their indicated uses, and if we want to expand the indications for which we market our products, we will need to obtain additional regulatory approvals, which will be expensive and may not be granted.
  • We rely on our digital technology and applications and our business and operations could suffer in the event of information system failures or a cybersecurity incident.
  • Our use of, or failure to effectively and responsibly utilize, emerging technologies, including artificial intelligence, could materially adversely affect our business and financial results.
  • Failure to comply with confidentiality and data privacy obligations could have a material adverse effect on our business.
The other 41 risks
  • Jeuveau® or any other product candidate for which we seek approval as a biologic may face competition sooner than anticipated.
  • If we are found to have improperly promoted off-label uses, or if customers misuse our products or use our products off-label, we may become subject to prohibitions on the sale or marketing of our products, significant fines, penalties, sanctions, or product liability claims, and our image and reputation within the industry and marketplace could be harmed.
  • Our products may cause serious or undesirable side effects or possess other unexpected properties that could delay or prevent their regulatory approval, limit the commercial profile of approved labeling, result in post-approval regulatory action or in product liability lawsuits.
  • Our failure to successfully in-license, acquire, develop and market additional product candidates or approved products would impair our ability to grow our business.
  • Our international operations will expose us to risks, and failure to manage these risks may adversely affect our operating results and financial condition.
  • Fluctuations in currency exchange rates may negatively affect our financial condition and results of operations.
  • If we fail to attract and keep senior management and key personnel, we may be unable to market and sell our products successfully, or any future products we develop.
  • Our strategy of focusing exclusively on the cash-pay healthcare market may limit our ability to increase sales or achieve profitability.
  • We may need to increase the size of our organization, including our sales and marketing capabilities, in order to further market and sell our products and we may experience difficulties in managing this growth.
  • Our business involves the use of hazardous materials, and we and our third-party manufacturer and supplier must comply with environmental laws and regulations, which can be expensive and restrict how we do business.
  • We may use third-party collaborators to help us develop, validate or commercialize any new products, and our ability to commercialize such products could be impaired or delayed if these collaborations are unsuccessful.
  • Our ability to use our net operating loss carryforwards and certain other tax attributes may be limited.
  • Increases in interest rates would increase the cost of servicing our debt and could reduce our profitability and limit our cash available to fund our growth strategy.
  • Risks Related to Our Relationship with Our Licensors
  • We rely on the Daewoong Agreement, the Symatese U.S. Agreement and the Symatese Europe Agreement and any termination or loss of significant rights, including exclusivity, under these agreements would materially and adversely affect our business.
  • We currently rely solely on Daewoong to manufacture Jeuveau®, and on Symatese to manufacture Evolysse™ and as such, any production or other problems with either licensor could adversely affect us.
  • We forecast the demand for commercial quantities of our products, and if our forecasts are inaccurate, we may experience delays in shipments, increased inventory costs or inventory levels, and reduced cash flow.
  • Risks Related to Intellectual Property
  • Third-party claims of intellectual property infringement may prevent or delay our commercialization efforts and interrupt our supply of products.
  • If we or any of our current or future licensors, including Daewoong and Symatese, are unable to maintain, obtain or protect intellectual property rights related to our products, we may not be able to compete effectively in our market.
  • We may become involved in lawsuits to protect or enforce our intellectual property or the patents and other intellectual property of our licensors, which could be expensive and time-consuming.
  • We may not be able to protect our intellectual property rights throughout the world.
  • If we are unable to protect the confidentiality of our trade secrets, our business and competitive position would be harmed.
  • We may be subject to claims that our employees, consultants or independent contractors have wrongfully used or disclosed confidential information of third parties.
  • We may need to license intellectual property from third parties, and such licenses may not be available or may not be available on commercially reasonable terms.
  • If our trademarks and trade names are not adequately protected, then we may not be able to build name recognition in our markets of interest and our business may be adversely affected.
  • Risks Related to Government Regulation
  • Our business and products are subject to extensive government regulation.
  • We may not obtain regulatory approval for the commercialization of any future product candidates.
  • We are subject to ongoing regulatory obligations and continued regulatory review, which may result in significant additional expense, limit or delay regulatory approval and subject us to penalties if we fail to comply with applicable regulatory requirements.
  • If we fail to obtain regulatory approvals in foreign jurisdictions for our products or any future product candidates, we will be unable to market our products outside of the United States.
  • Our products or any future products may cause or contribute to adverse medical events that we are required to report to regulatory agencies and if we fail to do so, we could be subject to sanctions that would materially harm our business.
  • We may in the future be subject to various U.S. federal and state laws pertaining to health care fraud and abuse, including anti-kickback, self-referral, false claims and fraud laws, and any violations by us of such laws could result in fines or other penalties.
  • Legislative or regulatory healthcare reforms in the United States and other countries may make it more difficult and costly for us to obtain regulatory clearance or approval of any future product candidates and to produce, market, and distribute our products after clearance or approval is obtained.
  • Risks Related to Our Common Stock
  • Derivative lawsuits have been filed against us and certain of our officers and directors, which could result in substantial costs and could divert management attention.
  • The trading price of our common stock has been volatile, and purchasers of our common stock could incur substantial losses.
  • Future sales of our common stock by us or the perception that such sales may occur, could depress the market price of our common stock.
  • Anti-takeover provisions in our certificate of incorporation and bylaws, as well as Delaware law, could discourage a takeover.
  • Our certificate of incorporation designates the Court of Chancery of the State of Delaware as the sole and exclusive forum for certain types of actions and proceedings that may be initiated by our stockholders, which could limit our stockholders’ ability to obtain a favorable judicial forum for disputes with us or our directors, officers, employees or agents.
  • Claims for indemnification by our directors and officers may reduce our available funds to satisfy successful third-party claims against us and may reduce the amount of money available to us.
  • General Risk Factors
  • Our business could be negatively affected as a result of actions of activist stockholders, and such activism could impact the trading value of our securities.
  • If securities or industry analysts publish unfavorable research about our business or decrease the frequency or cease to provide coverage of our company, our stock price and trading volume could decline.
  • We have not paid dividends in the past and do not expect to pay dividends in the future, and any return on investment may be limited to the value of our stock.
  • The requirements of being a public company may strain our resources, divert management’s attention and affect our ability to attract and retain executive management and qualified Board members.

Legal proceedings

We are and may become from time to time a party to various claims and lawsuits arising in the ordinary course of business, but we are not a party to any material legal proceeding required to be disclosed under Item 103 of Regulation S-K.

The opening of Item 3, Legal Proceedings.5

Sources

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