Niagen Bioscience (NAGE) risk factors, FY2025 10-K

Risks Related to our Company and Business

1. 01Interruptions in our relationships or declines in our business with major customers could materially harm our business and financial results
2. 02Global, market and economic conditions may negatively impact our business, financial condition and share price
3. 03Our future success largely depends on sales of our Tru Niagen® product
4. 04The success of our consumer product and ingredient business is linked to the size and growth rate of the wellness industry market and an adverse change in the size or growth rate of that market could have a material adverse effect on us
5. 05The future growth and profitability of our consumer product business will depend in large part upon the effectiveness and efficiency of our marketing efforts and our ability to select effective markets and media in which to market and advertise
6. 06Many of our competitors are larger and have greater financial and other resources than we do
7. 07Our material cash requirements will depend on many factors
8. 08Changes in our business strategy, including entering new consumer product markets, restructuring our businesses or other factors may increase our costs or otherwise affect the profitability of our businesses
9. 09We face significant competition, including changes in pricing
10. 10Litigation may harm our business
11. 11We have a history of operating losses, may need additional financing to meet our future long-term capital requirements and may be unable to raise sufficient capital on favorable terms or at all43% rewritten

Risks Related to our Operations

1. 12Our operating results may fluctuate significantly, which could make our future results difficult to predict and could cause our operating results to fall below expectations
2. 13If we are unable to maintain or develop sales, marketing and distribution capabilities or maintain or develop arrangements with third parties to sell, market and distribute our products, our business may be harmed
3. 14We may need to increase the size of our organization, and we can provide no assurance that we will successfully expand operations or manage growth effectively
4. 15The insurance industry has previously and may again become more selective in offering some types of coverage and we may not be able to obtain insurance coverage in the future
5. 16We depend on key personnel, the loss of any of which could negatively affect our business
6. 17We may not be able to monetize our products for use in pharmaceuticals through partnerships, licensing, or other arrangements, and we may not receive regulatory approval to commercialize a pharmaceutical product
7. 18We may not be successful in acquiring complementary businesses or products on favorable terms or enter into joint venture or similar arrangements
8. 19If we experience a significant disruption in our information technology systems or if we fail to implement new systems and software successfully, our business could be adversely affected
9. 20We are subject to potential payment processing riskNew

Risks Related to Our Products

1. 21Failure by outsourcing facilities that produce pharmaceutical-grade Niagen® and related finish products to adequately perform their obligations could harm our business or financial results
2. 22Any failure by clinics administering Niagen Plus products could adversely affect our brand and reputation
3. 23Unfavorable publicity or consumer perception of our products and any similar products distributed by other companies could have a material adverse effect on our business
4. 24We may incur material product liability claims or class action litigation, which could increase our costs and adversely affect our reputation, revenues and operating income
5. 25We utilize ingredients and components for our products from foreign suppliers, and may be negatively affected by the risks associated with international trade and importation issues
6. 26We may experience delays in the development in, or may never develop, any additional products to commercialize
7. 27We may not be able to partner with others for technological capabilities and new products and services
8. 28If we fail to maintain adequate quality standards for our products and services, our business may be adversely affected and our reputation harmed
9. 29If we experience product recalls, we may incur significant and unexpected costs, and our business reputation could be adversely affected
10. 30Demand for our products and services are subject to the commercial success of our customers’ products, which may vary for reasons outside our control

Risks Related to our Intellectual Property

1. 31Our ability to protect our intellectual property and proprietary technology through patents and other means is uncertain and may be inadequate, which may have a material and adverse effect on us
2. 32Our patents and licenses may be subject to challenge on validity grounds, and our patent applications may be rejected
3. 33We may become subject to claims of infringement or misappropriation of the intellectual property rights of others, which could prohibit us from developing our products, require us to obtain licenses from third parties or to develop non-infringing alternatives and subject us to substantial monetary damages
4. 34The prosecution and enforcement of patents licensed to us by third parties are not within our control. Without these technologies, our products may not be successful and our business would be harmed if the patents were infringed on or misappropriated without action by such third parties
5. 35We may be subject to damages resulting from claims that we, our employees, or our independent contractors have wrongfully used or disclosed alleged trade secrets of others

Risks Related to Regulatory Approval of Our Products and Other Government Regulations

1. 36Changes in government regulation, priorities or practices relating to the pharmaceutical, dietary supplement, food and cosmetic industry could affect our ability to comply with certain regulations and the demand for our products and services70% rewritten
2. 37Government regulations of our customers’ business are extensive and are constantly changing. Changes in these regulations can significantly affect customer demand for our products and services40% rewritten
3. 38Changes in government regulation related to regulatory approvals to market and sell our goods could adversely affect our ability to generate revenues

Risks Related to the Securities Markets and Ownership of our Equity Securities

1. 39The market price of our common stock may be volatile and adversely affected by several factors
2. 40We have not paid cash dividends in the past and do not expect to pay cash dividends in the foreseeable future. Any return on investment may be limited to the value of our common stock45% rewritten
3. 41We have a significant number of outstanding options, unvested restricted stock units and unvested market performance stock units. Future sales of these shares could adversely affect the market price of our common stock93% rewritten
4. 42Our ability to use our net operating loss (NOL) carryforwards and certain other tax attributes may be limited
5. 43Our bylaws, as amended (Bylaws) provide that the Court of Chancery of the State of Delaware is the exclusive forum for certain disputes between us and our stockholders, which could limit our stockholders’ ability to obtain a favorable judicial forum for disputes with us or our directors, officers or employees

General Risks

1. 44We may become involved in securities class action litigation that could divert management’s attention and harm our business
2. 45Environmental, social and governance matters may impact our business and reputation42% rewritten
3. 46Changes in tax laws or regulations that are applied adversely to us or our customers may have a material adverse effect on our business, cash flow, financial condition or results of operations
4. 47We have a limited operating history in China and our ability to develop successful channels in China will be subject to certain legal, political, economic and social uncertainties34% rewritten
5. 48Our shares of common stock may be thinly traded, so you may be unable to sell at or near ask prices or at all
6. 49Stockholders may experience significant dilution if future equity offerings are used to fund operations or acquire complementary businesses