With different people in charge, the NASD is now going back through their files and requiring companies to conform to the letter of the law. This means issuing a separate press release for going concern letters.
If you do a Google search on "NASDAQ Marketplace Rule 4350(b)(1)(B)" you'll see dozens of companies have issued these press releases over the last few months as the NASD has started sending out letters changing prior guidance.
Prior NASD guidance was that issuing a press release publicizing the filings that contained the going concern language was enough. Yes this violates the letter of their on rule, but that sometimes happens as anyone with experience in dealing with regulators knows.
Unless otherwise indicated, this is the personal viewpoint of David Miller and not necessarily that of Biotech Stock Research, LLC