Dan; Here's something new for you. SmithKline doesn't appear to want to give up market share. Does GUMM make product for Watson? Best Regards, Mad2
Copyright 1999 The Press Enterprise Co. THE PRESS-ENTERPRISE (RIVERSIDE, CA.)
September 14, 1999, Tuesday , ALL ZONES
SECTION: BUSINESS; Pg. C01
LENGTH: 790 words
HEADLINE: Watson takes hit on Wall Street: Corona company's stock falls 10 percent on heels of a judge's order to halt sale of its new nicotine gum.
BYLINE: Leslie Berkman, The Press-Enterprise
BODY: Watson Pharmaceuticals' stock value took a 10 percent hit Monday, the first trading day after a federal judge ordered the Corona firm to halt sales of its new generic nicotine gum designed to help people stop smoking.
Watson shares closed at $ 33, down $ 3.75 from Friday's close and dipping near the 52-week low of $ 30.50. The company's stock lost about $ 367 million in value.
Analysts said the judge's order, which also includes a recall of gum already shipped to retailers, produced a more negative reaction by investors than is justified by the expected impact on Watson's bottom line. On Monday, Watson projected the court ruling could cost the company $ 10 million in the third quarter, including lost sales and product launching costs. The company said the expected loss equates to six or seven cents per share. In the second quarter, Watson earned 47 cents a share on sales of $ 170 million.
Analysts said the psychological damage occurred on Wall Street because the judge's granting of a preliminary injunction request by SmithKline Beecham, which has alleged that Watson violated copyright law, follows a deluge of other problems at the Corona-based company. They include government complaints about quality control at Watson's Corona manufacturing plant and chief executive Allen Chao's surgery for stomach cancer.
"You have a company that at this stage couldn't afford any more bad news," said Andrew Forman, an analyst with Warburg Dillon Reed.
Rather, he said, Watson's investors had greeted Watson's launching of the industry's first generic smoking-cessation gum with relief, hoping that it "would turn the company's prospects around. "
Instead, SmithKline Beecham immediately sued Watson, claiming that the user's guide and audiotape Watson packaged with its gum are nearly identical to those SmithKline Beecham sells with its well-known branded product, Nicorette.
Watson has contended that the U.S. Food and Drug Administration requires generic drug manufacturers to duplicate the original branded pharmaceutical company's labeling, including product instructions.
However, U.S. District Judge Denny Chin on Friday prohibited Watson from selling or shipping its Nicotine Polacrilex Gum with a user guide or audio cassette that is "substantially similar" to SmithKline Beecham's.
Watson officials said that on Thursday, Chin received a letter from Dr. Janet Woodcock, director of the FDA's Center for Drug Evaluation and Research, that contradicted Watson's understanding of FDA labeling requirements. "The letter simply said the labeling need not be identical," said Robert C. Funsten, Watson senior vice president and general counsel.
Watson spokesperson Sara Swee said the company found Woodcock's letter "very perplexing. " Funsten and Swee said Watson will seek clarification of the FDA's labeling requirements before deciding what step to take.
A court hearing on the merits of the suit has not been scheduled, Funsten said.
Watson officials say they remain determined to market their nicotine gum again, although they can't be certain when that will happen.
Elliot Wilbur, a pharmaceutical analyst at CIBC Oppenheimer, said he "found it hard to fathom" SmithKline Beecham's success so far in court. He contends the lawsuit was intended primarily to ward off competition.
"It was a hail Mary pass by Smithkline and it paid off," Wilbur said.
Wilbur said he believes the gum will generate, at best, sales of around $ 200 million and profits of $ 150 million over its lifetime.
"If those are the profits at risk," he added, "the market clearly overreacted. " He said also that the stock price dive presents " a rather unique and substantial buy opportunity" for Watson stock. He said he expects the stock to "rebound rather quickly . . . once the market has a chance to sit back and realistically assess the impact of this event. "
But Forman said the market reacted reasonably Monday to Watson's failure to kick off marketing of a new product after "a dearth of new product launches" this year. He expects Watson's stock "will probably be languishing in the low 30s for the rest of the year," although he judges the company a good investment over the longer term.
Forman said the legal war between Watson and SmithKline Beecham shows the clout that large pharmaceutical companies can wield over smaller manufacturers of generic drugs.
"Time and time again we are reminded that the major pharmaceutical industry has enormous power . . . They have the resources that can in effect create entry barriers and extend the life cycle of certain products beyond the technical patent expiration," he said.
LANGUAGE: ENGLISH
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