According to the lawsuit, defendants throughout the Class Period made false and/or misleading statements and/or failed to disclose that:
- a significant number of Apyx’s Advanced Energy products were used for off-label indications;
- such off-label uses led to an increase in the number of medical device reports filed by Apyx reporting serious adverse events;
- as a result, the Company was reasonably likely to incur regulatory scrutiny;
- as a result of the foregoing, the Company’s financial results would be adversely impacted; and
- as a result of the foregoing, defendants’ positive statements about the Company’s business, operations, and prospects were materially misleading and/or lacked a reasonable basis.
No Class Has Been Certified. Until a class is certified, you are not represented by counsel unless you retain one. You may select counsel of your choice. You may also remain an absent class member and do nothing at this point. An investor’s ability to share in any potential future recovery is not dependent upon serving as lead plaintiff.
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