Law Offices of Howard G. Smith reminds investors of the upcoming August 29, 2023 deadline to file a lead plaintiff motion in the case filed on behalf of investors who purchased ImmunityBio, Inc. (“ImmunityBio” or the “Company”) (NASDAQ: IBRX) securities between May 23, 2022 and May 10, 2023, inclusive (the “Class Period”).

Investors suffering losses on their ImmunityBio investments are encouraged to contact the Law Offices of Howard G. Smith to discuss their legal rights in this class action at 888-638-4847 or by email to howardsmith@howardsmithlaw.com.

On May 11, 2023, before the market had opened, ImmunityBio announced that the FDA had rejected the Biologics License Application for the Company’s immunotherapy drug, Anktiva, due to “deficiencies relat[ing] to the FDA’s pre-license inspection of the Company’s third-party contract manufacturing organizations.”

On this news, ImmunityBio’s stock price fell $3.43, or 55.1%, to close at $2.79 per share on May 11, 2023, thereby injuring investors.

The complaint filed in this class action alleges that throughout the Class Period, Defendants made materially false and/or misleading statements, as well as failed to disclose material adverse facts about the Company’s business, operations, and prospects. Specifically, Defendants failed to disclose to investors that: (1) ImmunityBio conducted insufficient due diligence to discover, or else did discover and ignored, Good Manufacturing Practice (“GMP”) deficiencies at its third-party CMOs for Anktiva; (2) one or more of the Company’s third-party CMOs for Anktiva did in fact suffer from GMP deficiencies; (3) the foregoing deficiencies was likely to cause the FDA to reject the Anktiva BLA in its present form; (4) accordingly, the Company overstated the regulatory approval prospects for the Anktiva BLA; and (5) as a result, Defendants’ positive statements about the Company’s business, operations, and prospects were materially misleading and/or lacked a reasonable basis at all relevant times.

If you purchased or otherwise acquired ImmunityBio securities during the Class Period, you may move the Court no later than August 29, 2023 to ask the Court to appoint you as lead plaintiff if you meet certain legal requirements. To be a member of the class action you need not take any action at this time; you may retain counsel of your choice or take no action and remain an absent member of the class action. If you wish to learn more about this class action, or if you have any questions concerning this announcement or your rights or interests with respect to these matters, please contact Howard G. Smith, Esquire, of Law Offices of Howard G. Smith, 3070 Bristol Pike, Suite 112, Bensalem, Pennsylvania 19020, by telephone at (215) 638-4847, toll-free at (888) 638-4847, or by email to howardsmith@howardsmithlaw.com, or visit our website at www.howardsmithlaw.com.

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