-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, WvPm3ALYZEPzTEmEO+lnjddbrTJE99tFtAR0zHvzdGzZbGOUcc+EPtPyKa5863fr JDO6vVxq15mCSF9NSEULpQ== 0001144204-08-025527.txt : 20080501 0001144204-08-025527.hdr.sgml : 20080501 20080501160551 ACCESSION NUMBER: 0001144204-08-025527 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 20080501 ITEM INFORMATION: Results of Operations and Financial Condition ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20080501 DATE AS OF CHANGE: 20080501 FILER: COMPANY DATA: COMPANY CONFORMED NAME: BIOFORM MEDICAL INC CENTRAL INDEX KEY: 0001282393 STANDARD INDUSTRIAL CLASSIFICATION: SURGICAL & MEDICAL INSTRUMENTS & APPARATUS [3841] IRS NUMBER: 391979642 STATE OF INCORPORATION: DE FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-33791 FILM NUMBER: 08794739 BUSINESS ADDRESS: STREET 1: 1875S GRANT ST STREET 2: SUITE 110 CITY: SAN MATEO STATE: CA ZIP: 94402 BUSINESS PHONE: 650-286-4000 MAIL ADDRESS: STREET 1: 1875S GRANT ST STREET 2: SUITE 110 CITY: SAN MATEO STATE: CA ZIP: 94402 8-K 1 v112470_8k.htm Unassociated Document
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549

FORM 8-K

CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
 
May 1, 2008
Date of Report (date of earliest event reported)

BIOFORM MEDICAL, INC.
(Exact name of Registrant as specified in its charter)
 
 
 
 
 
Delaware
 
001-33791
 
39-1979642
(State of incorporation)
 
(Commission File Number)
 
(I.R.S. Employer
Identification Number)

1875 South Grant Street, Suite 110
San Mateo, California 94402
(Address of principal executive offices)

(650) 286-4000
(Registrant’s telephone number, including area code)

N/A
(Former name or former address, if changed since last report)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
 
¨
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
 
¨
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
 
¨
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
 
¨
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
 

 
Item 2.02.
Results of Operations and Financial Condition.

On May 1, 2008, BioForm Medical, Inc. (“BioForm”) issued a press release announcing financial results for the quarter ended March 31, 2008, which is the Company’s third quarter of fiscal year 2008. A copy of the press release is furnished as Exhibit 99.1 to this Form 8-K.

This information and the information contained in the press release shall not be deemed “filed” for purposes of  Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that Section. The information in this Current Report is not incorporated by reference into any filings of BioForm made under the Securities Act of 1933, as amended, whether made before or after the date of this Current Report, regardless of any general information language in the filing unless specifically stated so therein.
Item 9.01.
Financial Statements and Exhibits.

(d) Exhibits.
 
 
 
Exhibit No.
 
Description
99.1
 
Press Release of BioForm Medical, Inc. dated as of May 1, 2008.


 

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
 
 
 
 
 
 
 
 
 
 
 
 
 
BioForm Medical, Inc.
 
 
 
 
Date: May 1, 2008
 
 
 
By:
 
/s/ Derek Bertocci
 
 
 
 
 
 
 
 
Derek Bertocci
Chief Financial Officer
 

 
EX-99.1 2 v112470_ex99-1.htm

BIOFORM ANNOUNCES FINANCIAL RESULTS FOR QUARTER ENDED MARCH 31, 2008, THIRD QUARTER OF FISCAL 2008

San Mateo, CA - May 1, 2008. --- BioForm Medical, Inc. (NASDAQ: BFRM) today announced its financial results for the quarter ended March 31, 2008, which is the Company's third quarter of fiscal year 2008. Net sales were $17.0 million for the quarter ended March 31, 2008 as compared to $12.4 million for the quarter ended March 31, 2007, an increase of $4.6 million or 36.3%. The net loss was $4.5 million for the quarter ended March 31, 2008 as compared to $3.6 million for the quarter ended March 31, 2007. Net sales for the nine months ended March 31, 2008 were $50.8 million, as compared to $32.1 million for the nine months ended March 31, 2007. The net loss was $9.5 million for the nine months ended March 31, 2008 as compared to $8.7 million for the nine months ended March 31, 2007.

Operating Results:
Domestic sales were $14.0 million for the quarter ended March 31, 2008 compared to $10.3 million for the quarter ended March 31, 2007, an increase of $3.7 million or 36.6%. International sales were $2.9 million for the quarter ended March 31, 2008, compared to $2.2 million for the quarter ended March 31, 2007, an increase of $0.7 million or 34.9%. The Company attributes the growth in revenue primarily to increased physician adoption since the aesthetics approval of Radiesse® dermal filler, the Company’s extensive clinical education programs, and the increase in direct sales personnel.

Gross profit was $13.7 million for the quarter ended March 31, 2008 as compared to $10.4 million for the quarter ended March 31, 2007, an increase of $3.3 million, or 32.3%. As a percentage of sales, gross profit for the quarter ended March 31, 2008 was 80.9% as compared to 83.4% for the quarter ended March 31, 2007. The decline in the gross profit margin was due primarily to a lower average selling price for Radiesse in the United States (primarily associated with customers increasing their average purchase quantities and qualifying for lower prices under our volume pricing programs), and increased costs associated with certain promotional programs offered during the quarter, offset partially by lower overhead and royalty expense per unit.

Operating expenses were $19.2 million in the quarter ended March 31, 2008 compared to $14.1 million in the quarter ended March 31, 2007. The increase in operating expenses was primarily attributable to an increase in sales and marketing costs as a result of the expansion of the Company's sales forces in the United States and Europe in early FY 2008, expansion of the company’s clinical education programs, and higher employee related expenses in research and development and general and administration.

Net loss per share applicable to common stockholders decreased to $0.10 for the quarter ended March 31, 2008 as compared to $0.88 for the quarter ended March 31, 2007, due primarily to the increase in the shares outstanding which resulted from the sale of 11.5 million common stock shares in our November 2007 initial public offering and the conversion of 30.4 million shares of preferred stock into common stock shares concurrent with this public offering.

“The March quarter, which is typically down from the December quarter, was lower for us this year than we had expected. We’ve seen early indications in April of weakness in the June quarter. We believe that rapidly declining consumer confidence is having a significant impact on discretionary spending and, consequently, our business. We have reduced our revenue guidance as a result,” stated Steve Basta, CEO of BioForm Medical. “We are taking steps both in the near-term and long-term to enable the Company to accelerate our revenue growth. In our core Radiesse business, one of the key near-term activities for the Company is the expansion of our clinical education team. We have found that clinical comfort using Radiesse, and the experience of seeing and understanding the benefits offered by Radiesse helps grow physician utilization. In addition to our efforts to stimulate growth in Radiesse revenue, we are broadening our product portfolio through business development activities. In the coming years, we expect contributions to our top-line growth from new product introductions, such as the recently announced ACI device, Aethoxysklerol, and BioGlue, each of which will be subject to certain regulatory review and approval requirements.”

Fiscal Year 2008 Revenue Guidance:
BioForm Medical is updating its revenue guidance for the full fiscal year 2008 ending June 30, 2008 to approximately $66 to 68 million in net sales.
 
ACI Transaction:
As previously announced on April 30th, 2008, BioForm Medical has acquired a facial aesthetic nerve ablation technology from Advanced Cosmetic Intervention, Inc for approximately $12 million cash, plus assumption of approximately $0.2 million of payables, future royalties and a potential sales-related milestone. The ACI device uses minimally-invasive bi-polar radiofrequency energy selectively to weaken nerve signal transduction. The use of this technology on nerves that control the muscles of the forehead may reduce the appearance of frown lines, or glabellar furrows. BioForm Medical expects to conduct clinical studies specifically intended to support an FDA application seeking clearance to distribute this product for the treatment of frown lines. The Company expects to also seek a CE mark and certain other international registrations of the ACI device for aesthetics indications.
 


Aethoxysklerol® Update:
The Phase III clinical trial of Aethoxysklerol, a sclerotherapy product for the treatment of spider and reticular veins, has completed patient treatment and follow-up, and BioForm’s partner, KREUSSLER, has initiated data analysis of the trial results. We expect that the New Drug Application (NDA) filing for this sclerotherapy product will be submitted in CY 2008. Data and results from this clinical trial are expected to be presented at scientific meetings in late CY 2008 or early CY 2009.

Conference Call:
BioForm Medical will hold a conference call today at 2:00 pm Pacific Time (5:00 p.m. Eastern Time) to discuss the financial results and guidance. The conference call will be webcast live on the Investor Relations section of BioForm Medical's website at http://www.bioform.com. The conference call may be accessed by dialing 877-591-4956 for callers in the U.S. and 719-325-4880 for international callers. Please notify the operator that you would like to join "BioForm Medical's Third Quarter Earnings Call" and provide the participant code "7284989", if prompted.

About BioForm Medical, Inc.:
BioForm Medical, Inc. is a medical aesthetics company headquartered in San Mateo, California, developing products that enhance aesthetic procedures performed in dermatology and plastic surgery practices. BioForm’s lead product is Radiesse®, a long-lasting dermal filler for use in facial aesthetics. BioForm is developing several future aesthetics products including a nerve ablation device for frown lines, a sclerotherapy treatment for spider veins, and a surgical adhesive for brow lifts.

Forward-Looking Statements:
This press release contains forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Specifically, statements concerning the impact of discretionary spending on our business, the effectiveness of measures that BioForm will undertake to enhance revenue, including the timing and success of future product introductions, anticipated regulatory submissions, approvals or timelines for such, as well as financial guidance for fiscal year 2008 are forward-looking statements within the meaning of the Safe Harbor. Forward-looking statements are based on management's current expectations and are subject to risks and uncertainties, which may cause BioForm Medical's actual results to differ materially from the statements contained herein. BioForm Medical's third quarter fiscal 2008 financial results, as discussed in this release, are preliminary and unaudited, and subject to adjustment. Further information on potential risk factors that could affect BioForm Medical's business and its financial results are detailed in its latest Form 10-Q as filed with the Securities and Exchange Commission on February 7, 2008. Undue reliance should not be placed on forward-looking statements, especially guidance on future financial performance, which speaks only as of the date they are made. BioForm Medical undertakes no obligation to update publicly any forward-looking statements to reflect new information, events or circumstances after the date they were made, or to reflect the occurrence of unanticipated events.
 

Contact:
Adam Gridley
650.286.4025
Vice President, Corporate Development
BioForm Medical, Inc.



BIOFORM MEDICAL, INC.
SUMMARY STATEMENTS OF OPERATIONS (Unaudited)
(in thousands, except per share data)
 
   
Three months ended
March 31, 
 
Nine months ended
March 31,
 
   
2008
 
2007
 
2008
 
2007
 
   
 
 
 
         
Net sales
 
$
16,954
 
$
12,438
 
$
50,771
 
$
32,064
 
Cost of sales
   
3,232
   
2,065
   
9,104
   
5,868
 
Gross profit
   
13,722
   
10,373
   
41,667
   
26,196
 
                           
Operating expenses:
                         
Sales and marketing
   
14,347
   
11,015
   
39,210
   
26,403
 
Research and development
   
2,259
   
1,372
   
6,623
   
3,993
 
General and administrative
   
2,548
   
1,695
   
6,792
   
5,033
 
Total operating expenses
   
19,154
   
14,082
   
52,625
   
35,429
 
                       
Other income (expense), net
                         
Interest income, net
   
742
   
161
   
1,490
   
643
 
Other income, net
   
262
   
23
   
161
   
62
 
Loss before income taxes
   
(4,428
)
 
(3,525
)
 
(9,307
)
 
(8,528
)
                           
Provision for income taxes
   
69
   
48
   
210
   
123
 
Net loss attributable to common stockholders
 
$
(4,497
)
$
(3,573
)
$
(9,517
)
$
(8,651
)
                           
                           
Net loss per common share, basic and diluted
 
$
(0.10
)
$
(0.88
)
$
(0.36
)
$
(2.31
)
                           
Weighted-average number of shares used in per share calculation, basic and diluted
   
46,229
   
4,065
   
26,319
   
3,751
 
 

 
BIOFORM MEDICAL, INC.
CONDENSED CONSOLIDATED BALANCE SHEETS
(in thousands, except per share data)
 
   
March 31, 2008
 
June 30, 2007
 
   
(unaudited)
     
ASSETS
         
Current assets:
         
Cash and cash equivalents
 
$
76,822
 
$
17,610
 
Accounts receivable, net of allowance for doubtful accounts of $742 at March 31, 2008
and $428 at June 30, 2007, respectively
   
10,831
   
7,725
 
Inventories
   
6,176
   
4,864
 
Prepaid royalties
   
1,513
   
 
Prepaid other
   
3,944
   
1,194
 
Other current assets
   
596
   
262
 
Total current assets
   
99,882
   
31,655
 
               
Property and equipment, net
   
8,684
   
5,741
 
Prepaid royalties
   
2,723
   
 
Other assets
   
210
   
103
 
Total assets
 
$
111,499
 
$
37,499
 
LIABILITIES AND STOCKHOLDERS’ EQUITY
         
Current liabilities:
             
Accounts payable
 
$
2,173
 
$
3,754
 
Deferred revenues
   
474
   
446
 
Accrued royalty expenses
   
285
   
869
 
Other accrued liabilities
   
6,962
   
6,686
 
Capital lease obligations, current portion
   
32
   
20
 
Total current liabilities
   
9,926
   
11,775
 
Capital lease obligations, long-term portion
   
71
   
36
 
Total liabilities
   
9,997
   
11,811
 
               
Total stockholders’ equity
   
101,502
   
25,688
 
Total liabilities and stockholders’ equity
 
$
111,499
 
$
37,499
 
 

 
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