Item 1A. Risk Factors
ITEM 1A. RISK FACTORS
There have been no material changes to the risk factors
discussed in “Risk Factors” in Part I, Item 1A of our Annual Report on Form 10-K for the fiscal year ended September 30, 2024,
filed with the SEC on December 23, 2024 except the following:
Risks Related to the Discovery and Development
of Our Current and Future Product Candidates
The marketing approval process for pharmaceutical
products is a lengthy, complex and highly regulated process and we cannot predict the outcome of any interactions with the regulatory
authorities or when we will receive marketing approval, if at all.
The regulatory approval processes of the EMA, the
FDA, and other comparable foreign authorities are lengthy, time-consuming and inherently unpredictable, and the approval process can vary
significantly depending on the regulatory authority. Relevant health authorities may, at the time of the filing of the application for
a marketing authorization, or later during their review, impose requirements that can evolve over time, including requiring additional
clinical trials, and such authorities may delay or refuse to grant approval. A finding that our Phase 2b/3 ANAVEX2-73-AD-004 clinical
trial is insufficient to support the current marketing authorization in Alzheimer’s disease could lead us to decide, after consultation
with regulatory authorities, to voluntarily withdraw our MAA for blarcamesine.
In recent years, health authorities have become increasingly
focused on product safety and on the risk/benefit profile of pharmaceutical products, which could lead to more burdensome and costly approval
processes and negatively affect our ability to obtain regulatory approval for products under development. For example, the U.S. Food and
Drug Administration (the “FDA”) and the European Medicines Agency (the “EMA”), have been implementing strict requirements
for approval, particularly in terms of the volume of data needed to demonstrate a product’s efficacy and safety.
Obtaining and maintaining regulatory approval
of blarcamesine or any future product candidates in one jurisdiction does not mean that we will be successful in obtaining regulatory
approval of those product candidates in other jurisdictions.
Obtaining and maintaining regulatory approval of blarcamesine
and any future product candidates in one jurisdiction does not guarantee that we will be able to obtain or maintain regulatory approval
in any other jurisdiction, while a failure or delay in obtaining regulatory approval in one jurisdiction may have a negative effect on
the regulatory approval process in others. Approval procedures vary among jurisdictions and can involve requirements and administrative
review periods different from each other, including additional preclinical studies or clinical trials, as clinical trials conducted in
one jurisdiction may not be accepted by regulatory authorities in other jurisdictions. In many jurisdictions outside the U.S., including
Canada, and certain jurisdictions in the EU, a product candidate must be approved for reimbursement before it can be approved for sale
in that jurisdiction. In some cases, the price that we intend to charge for our products is also subject to approval.
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Regulatory authorities in jurisdictions outside of
the U.S. have requirements for approval of product candidates with which we must comply prior to marketing in those jurisdictions and
such regulatory requirements can vary widely from country to country. Obtaining other regulatory approvals and compliance with other regulatory
requirements could result in significant delays, difficulties and costs for us and could require additional preclinical studies or clinical
trials, which could be costly and time-consuming and could delay or prevent the introduction of our products in certain countries. The
foreign regulatory approval process involves all of the risks associated with FDA approval. We do not have experience in obtaining regulatory
approval in international markets or within the United States. If we fail to comply with the regulatory requirements in international
or domestic markets and/or obtain and maintain applicable marketing approvals, our target market will be reduced and our ability to realize
the full market potential of blarcamesine or any future product candidates will be harmed.
Risks Related to Our Business
Changes in U.S. and international trade policies
may adversely impact our business and operating results.
The U.S. government has made statements and taken
actions that have led to certain changes and may lead to additional changes to U.S. and international trade policies. For example, President
Trump has imposed or signaled to impose a series of tariffs on certain products manufactured outside the United States, including
pharmaceutical products and raw materials and components for pharmaceutical products, and it is unknown whether and to what extent additional tariffs (or
other new laws or regulations) will be adopted, or the effect that any such actions would have on us or our industry. Such unfavorable
government policies on international trade, such as export controls, capital controls or tariffs, may affect the import and export
of materials and products used in our drug development. For example, we have already faced increased costs associated with our imports
of drug products due to newly imposed tariffs on Canada. These policies may also affect the demand for our product candidates, the competitive
position of our product candidates, and clinical manufacturing and future commercial activities. If any new tariffs, export controls,
legislation and/or regulations are implemented, or if existing trade agreements are renegotiated or if the U.S. government takes retaliatory
trade actions due to the ongoing trade tensions, such changes could have an adverse effect on our business, financial condition and results
of operations.
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