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  • Answers - Where We Stand With Sarbox

    When Enron and WorldCom collapsed under the weight of questionable accounting practices, shareholders, investors and employees spent many a sleepless night wondering if they’d ever see their money again. It is these same share
    According to USFDA, a combination product is one composed of any combination of a drug and device; biological product and device; drug and biological product
    holders, investors and employees that lawmakers were looking to protect when they passed the Sarbanes-Oxley Act in 2002.

    In the wake of the accounting scandals, Sarbanes-Oxley, or Sarbox as it’s called, seemed like a good idea
    ; or drug, device, and biological product and fixed dose combination would include two or more combinations of drug.

    Examples of combination products may in
    Toughen accounting standards and financial reporting rules and improve corporate governance and oversight, in order to restore shareholder and investor confidence in publicly-traded companies.

    But like many of the ideas that
    lude drug-coated devices, drugs packaged with delivery devices in medical kits, and drugs and devices packaged separately but intended to be used together.

    come out of Washington, this one had both unforeseen costs and consequences, and subsequently, many companies that were quick to embrace the new accounting reforms are now discovering that compliance comes with a mighty hefty p
    here is enormous increase in the number of combination products entering the market in the recent years. Combination products have proven advantages but fixe
    ice tag. Corporations were finding it difficult to institute enterprise wide changes that aligned with the onerous oversight and reporting requirements. Often, organizations were distracted by compliance and failed to recogni
    d dose combinations are still in the process of convincing regulatory authority on their advantages over the single ingredient formulations.

    Combination pro
    ze the other advantages of the post-Enron world.

    So with Sarbox firmly ensconced in our corporate consciousness, where do we stand today and what have we learned?

    Compliance with Sarbanes-Oxley is much more complicated and ex
    ucts have become life saving products for the pharmaceutical companies who doesn’t have many innovative molecules in their product pipeline and have been inc
    ensive than anyone ever anticipated. According to AMR Research, U.S. companies were expected to spend $6.1 billion in 2005 in order to comply with Sarbanes-Oxley. Additionally, the Securities and Exchange Commission estimates
    easingly used in the product life cycle management. Even the companies having product patents are trying to extend their product life cycle through the combi
    that companies collectively spend 5.4 million staff hours each year implementing Section 404 – the section of the law that regulates financial reporting. As you can imagine, senior-level executives in publicly-held companies a
    nation products and maximize the revenues. But the companies involved in this practice are overlooking that they are burdening the patients both economically
    e not pleased with these results.

    In a May 2005 Deloitte and Touche “Section 404 CFO Roundtable,” 83 percent of Chief Financial Officers surveyed believed that the cost of Sarbox compliance far outweighed any benefits to their
    and physically. They need to rightly judge the benefits of the combination products and they have to even look at the risks involved when combining the produ
    organizations. The CFO’s were also concerned that the costs of compliance were having a direct and immediate negative impact on both their bottom line and shareholder value, whereas the benefits of Sarbanes-Oxley compliance w
    ts. Some of the combination products were well accepted by physicians while others suffered. Companies involved in development of combination products are fi
    uldn’t be seen for years to come. If ever.

    Furthermore, the promises of vague, intangible future benefits like “renewed investor confidence” and “improved operating efficiencies” don’t sit well with bottom-line oriented CEO’s
    ding difficulty in defining their combination products and facing various challenges from selecting a combination to marketing it.

    Following aspects would a
    nd CFO’s whose performance is being measured by shareholders and investors on a quarter-by-quarter basis.

    And it’s not just CEO’s and CFO’s of publicly-traded companies who are getting nervous. Privately-held companies and ev
    dd to the challenges in developing combination products:

    Which markets to tap where the combination products can do fairly well?
    Which combination prod
    en non-profits are being held to the same rigorous accounting standards as large, publicly-held corporations.

    Banks, investors and insurance companies are now requiring that smaller, privately-held companies abide by the same
    cts are meaningful and rational?
    Which therapeutic categories to select?
    Which Combinations can address unmet needs of the patients?
    Do combin
    nstitutional financial reporting rules and regulations as larger publicly-held companies. Large, publicly-traded companies are also requiring that their business partners, both public and private, comply with Sarbox provisions
    tions increase the patient compliance?
    What would be the developing cost?
    How to tackle the risks encountered during combination product developmen
    as a condition of doing business.

    With their backs pushed to the wall, private companies are complying. In a 2004 survey by Baruch College in N.Y. and Financial Executives International, 60 percent of companies with revenues
    t?

    As combination products don't fit into the traditional categories of drugs, medical devices, or biological products, the USFDA is in the process of devel
    less than $25 million were complying, or were planning to comply with some Sarbox provisions.

    So it appears that whether you’re a large publicly-held multi-national conglomerate, or a small privately-held hometown business, Sa
    ping new procedures for reviewing their safety, efficacy and quality.

    Professional from academic institutions, pharmaceutical industries, health care indust
    rbanes-Oxley will be the new standard by which you’re measured and held accountable.

    But are the costs of Sarbanes-Oxley compliance too steep for many companies to bear? That remains to be seen. But what is known is that first
    y and representatives from various regulatory agencies are working out to design the regulatory requirements for manufacture and sale of combination products
    year compliance has taken a toll on the bottom-line results of many companies, both large and small, with little or nothing to show for it.

    If this trend continues, where compliance costs continue to rise, and stiff penalties
    .

    As there is an increasing trend of the combination products companies manufacturing such products should be able to tackle the problems involved in the de
    for non-compliance are aggressively enforced, accounting and legal fees will continue to increase while diluting bottom-line profits. The result? Both shareholder and investor value will continue to decline.

    A law that was d
    elopment. They need to be wiser in analyzing the market trends and the regulatory requirements.

    Companies that provide selfless information through particip
    signed to protect shareholders and investors from losing their money could possibly have exactly the opposite effect. Unfortunately this could mean a lot more sleepless nights, both for shareholders and senior-level executives


    tion in industry events and feedback to regulatory authorities would be able to face the challenges and will be successful in developing combination products

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