Cement Masons’ and Plasterers’ Local No. 502 Pension Fund v. InMode Ltd.

Court: United States District Court for the Central District of California
Case Number: 24-cv-1219
Class Period: 06/04/2021 - 10/12/2023
Case Leaders: Hannah Ross, Avi Josefson, Scott R. Foglietta

On February 14, 2024, Bernstein Litowitz Berger & Grossmann LLP (“BLB&G”) filed a class action lawsuit in the U.S. District Court for the Central District of California alleging violations of the federal securities laws by InMode Ltd. (“InMode” or the “Company”) and certain of the Company’s senior executives (collectively, “Defendants”).  The action is brought on behalf of all persons or entities that purchased or otherwise acquired InMode common stock between June 4, 2021, and October 12, 2023, inclusive (the “Class Period”).

BLB&G filed this action on behalf of its client, Cement Masons’ and Plasterers’ Local No. 502 Pension Fund, and the case is captioned Cement Masons’ and Plasterers’ Local No. 502 Pension Fund v. InMode Ltd., No. 24-cv-1219 (C.D. Cal.).  The complaint is based on an extensive investigation and a careful evaluation of the merits of this case.  To view the complaint, see the Case Documents section of this page.

InMode’s Alleged Fraud

InMode is a global provider of aesthetic medical devices and technology, including devices purporting to offer body sculpting and other rejuvenation technologies.  The Company’s target customers include dermatologists, dentists, obstetricians and gynecologists, and medical spas.

The complaint alleges that, throughout the Class Period, Defendants made materially false and misleading statements and omissions concerning two topics that are of critical importance to investors: (1) the price at which InMode sells its devices, which reflects the demand for those products; and (2) InMode’s compliance with U.S. Food and Drug Administration (“FDA”) regulations, including the FDA’s prohibition on off-label marketing of devices and the FDA’s requirements for the reporting of injuries.  Specifically, Defendants repeatedly touted the demand for InMode’s devices and told investors that those devices were never sold at a discount.  InMode also assured investors that it had “obtained [FDA] clearance for the current treatments for which we offer our products” and that “no third-party claims have been brought against us to date.”  As a result of these misrepresentations, the price of InMode common stock traded at artificially inflated prices throughout the Class Period.

In reality, throughout the Class Period, InMode routinely discounted the prices of its devices and violated FDA regulations by promoting the off-label use of its devices, and by failing to properly report injuries caused by its devices.

The truth began to emerge just before the market closed on February 17, 2023, when an investigative publication revealed that InMode threatened some customers with legal action over complaints made about the Company’s devices and sales tactics.  The customers also stated that InMode offered to replace defective products on the condition of signing confidentiality agreements with non-disparagement clauses.  However, despite these disclosures, InMode continued to misrepresent the pricing of, and demand for, its products.

Then, on October 12, 2023, before the market opened, InMode lowered its full-year revenue guidance, which the Company blamed on higher interest rates, tighter leasing approval standards, and bottlenecks in loan processing.  Later that same day, an investigative publication announced a forthcoming report on InMode, relating to the Company’s statements to investors about pricing flexibility of products and margin consistency.  After the close of trading, the publication released a story revealing that InMode significantly discounted the prices of its devices on a routine basis throughout the Class Period.  As a result of these disclosures, the price of InMode common stock declined precipitously.

If you wish to serve as Lead Plaintiff for the Class, you must file a motion with the Court no later than April 15, 2024, which is the first business day on which the U.S. District Court for the Central District of California is open that is 60 days after the publication date of February 14, 2024.  Any member of the proposed Class may seek to serve as Lead Plaintiff through counsel of their choice, or may choose to do nothing and remain a member of the proposed Class.

If you wish to discuss this action or have any questions concerning this notice or your rights or interests, please contact Scott R. Foglietta of BLB&G at 212-554-1903, or via e-mail at scott.foglietta@blbglaw.com.