FDA questions marketing of cancer therapy tied to billionaire Patrick Soon-Shiong

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Federal regulators have formally warned ImmunityBio after the company’s leadership made sweeping claims about its lead drug that the agency says overstate its benefits. The Food and Drug Administration says statements made on a national podcast and in broadcast ads create a misleading impression about the medicine’s abilities — a finding that has already hit the company’s stock and raised fresh questions about how cancer therapies are promoted.

FDA flags promotional claims as misleading

The FDA’s warning letter, addressed to ImmunityBio’s CEO, takes aim at a podcast appearance and a television spot that promoted Anktiva, the company’s flagship therapy. Regulators say both pieces of promotion suggest broader and unproven uses for the drug while failing to present a balanced view of known risks.

In the podcast, the company’s executive chairman and chief medical officer described the drug in expansive terms — claiming it could treat many kinds of cancer and even prevent cancer after radiation exposure. The agency determined those messages go beyond what is supported by approvals and evidence.

What the FDA specifically cited

  • The promotional content gave the impression that Anktiva is effective for cancers beyond its current approval, which the FDA says is unsupported.
  • Both the podcast and a TV advertisement referred to the therapy as a “cancer vaccine,” a characterization the agency found to be inaccurate.
  • The materials omitted required risk information; known side effects include urinary tract infections, pain, chills and fever.

The agency has given ImmunityBio 15 days to correct the issues and explain in writing how it will address the violations. By the afternoon the warning was posted online, the company’s share price had plunged by more than 24 percent, and a link to the podcast episode was removed from the corporate website.

Company response and regulatory context

ImmunityBio said it takes the FDA’s concerns seriously and will cooperate with the agency to resolve the matters raised. A company spokesperson confirmed they plan to respond within the time frame set by regulators.

Regulators have long required that promotional materials for prescription drugs present a balanced picture of benefits and risks. In recent years the agency has scrutinized marketing across platforms — including television and podcasts — holding companies to the same standards regardless of the medium.

Where Anktiva stands clinically

Anktiva received U.S. approval in 2024 for a difficult-to-treat form of bladder cancer. ImmunityBio has been pursuing regulatory clearance to expand the drug’s use to other indications, such as some types of lung and pancreatic cancer, but those broader approvals remain under review and are not yet authorized.

  • Approved use: 2024 approval for a hard-to-treat bladder cancer
  • Ongoing efforts: Applications under review for other cancer types
  • Regulatory action: 15-day deadline to respond to the FDA warning

Why this matters now

Patients and clinicians rely on accurate information to make treatment decisions. When company leaders make unverified claims in widely accessible formats, it can create false expectations and influence choices before the science and regulatory process catch up. For investors, the episode underscores how promotional missteps can translate quickly into market losses.

As the company and the FDA move toward a resolution, the case highlights growing tensions over how breakthrough therapies are discussed in public forums — and the boundaries that federal regulators are prepared to enforce.

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