Tuesday, Valeant Pharmaceuticals said the FDA had served up a warning letter about its Sculptra Aesthetic manufacturing, citing problems it observed during a June 2014 inspection. The missteps from manufacturing standards might just fuel the fire from hostile buyout target Allergan.
Valeant Pharmaceuticals has grown quickly over the past few years as it has pursued, bought and divested pharmaceutical assets. But somewhere along the way oversight of a supplier slipped. The FDA spotted the problems during a recent visit to Valeant's U.S. headquarters, leading to the posting of a warning letter.
Allergan may or may not bow to requests from some of its largest shareholders to wait on M&A until after December's special meeting. But in the meantime, it's continuing its barrage on predator Valeant's sales model, which it says will yield a tough Q4.
Valeant Pharmaceuticals isn't the only one who thinks Allergan should hold off on dealmaking till shareholders say their piece at a December special meeting. Three top-15 Allergan shareholders are urging the Botox maker to delay until investors weigh in on Valeant's hostile bid.
In yet another sign that it's not about to abandon its hostile bid to buy Allergan, Valeant has named activist investor Jeffrey Ubben to its board. Ubben is chief executive officer of ValueAct Capital Management, Valeant's second-largest shareholder and a new supporter of the Allergan deal.
Valeant Pharmaceuticals is famous for its aversion to pharmaceutical R&D, but the serial acquirer makes an exception when it sees blockbuster promise in a late-stage asset. And that's the case for the glaucoma treatment Vesneo, which met its goals in pivotal trials and, according to the company, has blockbuster potential.
The ongoing attempt by Allergan to thwart a Valeant takeover by bulking up with an acquisition of its own has officially turned nasty. On Tuesday, activist investor William Ackman of Pershing Square Capital Management sent a letter to Allergan threatening to sue the company if it goes ahead with its plan to buy Salix Pharmaceuticals--a deal that reportedly could exceed $10 billion.
After months of battling between Allergan and its pursuers, Valeant and Pershing Square Capital Management, the two sides have reached a truce--at least when it comes to an upcoming shareholder meeting.
Allergan had hoped that a lawsuit could potentially prevent Valeant's takeover partner--Bill Ackman, whose Pershing Square Capital Management is Allergan's leading shareholder--from contributing to the 25% investor support threshold needed to call a special meeting. But now, Reuters ' sources say, Team Valeant has rallied support from shareholders holding 35% of the company.
In a Tuesday letter, activist investor Bill Ackman urged Allergan's directors to listen to what Valeant's putting on the table and assured them that they could still "rescue" their reputations by taking over leadership from CEO David Pyott, Reuters reports.