It is not a fact. The company is free to publish any information it wishes, but it had better be certain sure that anything it publishes goes beyond simply truthful to the category of "not misleading". The company is being reprimanded for not publishing enough truthful information--and possibly for publishing inaccurate or misleading information, which is technically still a conjecture.
Note that the company stated: "Biogenerics Limited is not engaged in mass email or promotion." [Emphasis added.] As our former president says, it all depends on what the meaning of "is" is. The statement could have read, "Biogenerics Limited has not been engaged in mass email or promotion."
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