22nd Century Group, Inc. (NYSE MKT:XXII)
noted there was unusual trading volume today in its common stock. The
activity appears to be related to an inaccurate article published today
by a short seller of the Company’s stock recommending that stockholders
sell 22nd Century Group stock.
The author disclosed on the front page that he is “short” the Company’s
stock, meaning that the short seller author stands to realize
significant profit in the event that the share price of 22nd Century
declines.
Although 22nd Century does not normally respond to false information
written about the Company, 22nd Century Group management believes the
degree of false information contained in the subject article warranted a
Company response.
22nd Century strongly disagrees with the article’s incorrect assumptions
and false conclusions. Although the misleading and inaccurate statements
are too numerous to address, the following are a few examples:
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1.
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“They have quadrupled the stock's share count to roughly 59
million.” In fact, 22nd Century Group went public in January 2011
with approximately 27 million shares. Currently the Company has
approximately 59 million shares outstanding, not the 108 million
alleged by the author.
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2.
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The author asserts that 22nd Century is in default of a license
agreement with a major university. This is patently false. Further,
just today, 22nd Century signed a new license agreement with the
same university that the author falsely alleges that the Company is
in default with.
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3.
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Contrary to the author’s assertions regarding stock promotion and
sales, officers and insiders have never engaged in stock promotion
and have made minimal sales of 22nd Century Group common stock; in
fact, management and insiders retain more than 95% of their Company
common stock. Collectively, officers of the Company directly and
beneficially own approximately 28% of the total outstanding shares.
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4.
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Contrary to the author’s assertions, 22nd Century has never
abandoned any of its products. The Company is continuing its
efforts to develop X-22, a cigarette intended for use as a
prescription smoking cessation aid, and has an active
investigational new drug application with the FDA. Various independent
clinical studies continue to validate the efficacy of the
Company’s products for harm reduction and smoking cessation.
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Henry Sicignano III, the Company’s President, explained, “22nd Century’s
commercial prospects have never been stronger. MSA authorization is
imminent. Hundreds of tobacco retailers have expressed interest in
carrying the Company’s super-premium RED SUN® brand. The
Company is launching MAGIC ZERO at the Dortmund (Germany) International
Tobacco Fair in September. And, as previously announced, the Company is
exploring important joint venture opportunities in Asia.”
“The 22nd Century management team operates our Company with the absolute
highest integrity,” said Joseph Pandolfino, Founder and Chief Executive
Officer. “I have devoted the last 15 years of my life and essentially my
entire net worth to 22nd Century. The issue I had with the SEC 23 years
ago, when I was a kid in college, has given me the highest sense of
awareness for securities laws and regulations. I would hope that the SEC
investigates the author of the disparaging article on 22nd Century and
other ‘short and distort’ authors. It is unfortunate that malicious
articles by short sellers dupe and scare investors into selling.”
For additional information, please visit: www.xxiicentury.com
About 22nd Century Group, Inc.
22nd Century is a plant biotechnology company whose proprietary
technology allows for the levels of nicotine and other nicotinic
alkaloids (e.g., nornicotine, anatabine and anabasine) in the tobacco
plant to be decreased or increased through genetic engineering and plant
breeding. 22nd Century owns or is the exclusive licensee of 129 issued
patents in 78 countries plus an additional 44 pending patent
applications. Goodrich Tobacco Company, LLC and Hercules
Pharmaceuticals, LLC are wholly-owned subsidiaries of 22nd Century.
Goodrich Tobacco is focused on commercial tobacco products and potential
less harmful cigarettes. Hercules Pharmaceuticals is focused on X-22,
a prescription smoking cessation aid in development.
Cautionary Note Regarding Forward-Looking Statements: This
press release contains forward-looking information, including all
statements that are not statements of historical fact regarding the
intent, belief or current expectations of 22nd Century Group, Inc., its
directors or its officers with respect to the contents of this press
release. The words “may,” “would,” “will,” “expect,” “estimate,”
“anticipate,” “believe,” “intend” and similar expressions and variations
thereof are intended to identify forward-looking statements. We cannot
guarantee future results, levels of activity or performance. You should
not place undue reliance on these forward-looking statements, which
speak only as of the date that they were made. These cautionary
statements should be considered with any written or oral forward-looking
statements that we may issue in the future. Except as required by
applicable law, including the securities laws of the United States, we
do not intend to update any of the forward-looking statements to conform
these statements to reflect actual results, later events or
circumstances, or to reflect the occurrence of unanticipated events. You
should carefully review and consider the various disclosures made by us
in our annual report on Form 10-K for the fiscal year ended December 31,
2013, filed on January 30, 2014, including the section entitled “Risk
Factors,” and our other reports filed with the U.S. Securities and
Exchange Commission which attempt to advise interested parties of the
risks and factors that may affect our business, financial condition,
results of operation and cash flows. If one or more of these risks or
uncertainties materialize, or if the underlying assumptions prove
incorrect, our actual results may vary materially from those expected or
projected.
Copyright Business Wire 2014