The ANDA is at the FDA. Makes sense, doesn't it?
With forward looking statements there can hardly be a lie. Compared to the duration it took the FDA to the approve the fluticasone ANDAs of competitors, Dr Damaj had all right to assume a response by the FDA was imminent. When will you understand this?
Likewise, it's not a lie to miss revenue guidance. It's very hard to make revenue projections for a company with a new product lineup as there is hardly any stable historical data to base projections on. If missing projection is a lie to you, you shouldn't even invest in fortune 500 companies. Missing revenue projections is part of the normal investment game.