Accredited Investors are allowed to invest in privately-held companies while retail investors (for good reason) are not.
The problem is that while NWBO is run much like a privately-held company and communicates much like a privately held company it is traded as a publicly held company and this is where the issue comes in.
Ideally, companies should have to meet the high standards of transparency that publicly held companies meet (whether by law or custom) or they should be taken private.
That is the real issue here: we have a bunch of retail investors invested in what amounts to a private startup and the disconnect is the issue. Ultimately though it is NWBO that is creating the mismatch.