Smith & Nephew first started to market EXOGEN in 1998. It is believed that similar enquiries have been directed to a number of Smith & Nephew’s US competitors. Smith & Nephew is co-operating fully with this request.

In addition, a qui tam complaint, filed four years ago in March 2005, was recently unsealed in federal court in Boston against the primary US manufacturers of bone growth stimulation products, including Smith & Nephew. The complaint makes allegations concerning the industry’s sales and marketing of these products. Smith & Nephew will respond to this action.

Smith & Nephew is committed to compliance with law and ethical business standards and a robust programme to ensure compliance.