TherapeuticsMD Inc. shares TXMD, -4.43% slid about 6% Tuesday, after the Securities and Exchange Commission charged the company with breaching Regulation FD, or fair disclosure, for sharing material, non-public information with sell-side research analysts that was not disseminated more widely. The SEC found that on two separate occasions in 2017, TherapeuticsMD selectively shared material information with analysts about its interactions with the Food and Drug Administration. In the first instance, the company on June 15, 2017, a day after a meeting with the FDA about a new drug approval, shared private messages with sell-side analysts in which it described the meeting as "very positive and productive." The stock rallied 19.4% in heavy volume the following day, even though the company had not issued a press release or made a public disclosure about the meeting. On July 17 of the same year, the company issued a press release saying it had submitted additional information to the regulator but did not yet have a clear path toward approval. The stock fell 16% premarket. The SEC then found that in a call and email to sell-side analysts, the company shared further details of its initial FDA meeting, which analysts then included in research notes that helped the stock rebound to close the regular session down just 6.6%. "Information about a pharmaceutical company’s interactions with the FDA can be critical to investors," said Carolyn Welshhans, associate director of the SEC’s division of enforcement. "It is essential that when companies disseminate material, nonpublic information, they do so fairly and appropriately to all investors and not just a select few analysts." TherapeuticsMD consented to the SEC charge and agreed to pay a $200,000 penalty without admitting or denying the findings. The stock has fallen 31% in 2019, while the S&P 500 SPX, -0.41% has gained 16%.
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