SCHEDULE
14A INFORMATION
(RULE
14a-101)
PROXY
STATEMENT PURSUANT TO SECTION 14(a) OF THE
SECURITIES
EXCHANGE ACT OF 1934
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the Registrant [ ]
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a Party other than the Registrant [X]
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appropriate box:
[
] Preliminary Proxy Statement
[
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14a-6(e)(2))
[
] Definitive Proxy Statement
[X]
Definitive Additional Materials
[
] Soliciting Material Under Rule 14a-12
ARTES
MEDICAL, INC.
(Name of
Registrant as Specified in Charter)
H.
MICHAEL SHACK
(Name of
Person(s) Filing Proxy Statement if Other Than the Registrant)
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of Filing Fee (Check the appropriate box):
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fee required.
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NEWS
RELEASE
FOR IMMEDIATE
RELEASE
CONTACT:
Stephen
D. Axelrod, CFA (Investors)
Wolfe Axelrod Weinberger Associates,
LLC
212-370-4500
steve@wolfeaxelrod.com
DR.
H. MICHAEL SHACK, PROXY ORGANIZER, GLADLY ACCEPTS ARTES MEDICAL
BOARD’S
INVITATION
TO PRESENT HIS PLAN TO REVITALIZE ARTES MEDICAL, INC.
-Chides
Board for Misrepresenting the Facts Once Again-
New York, NY – November 4, 2008 – Dr.
H. Michael Shack (“Dr. Shack” or “Proxy Organizer”) announced today that
Robert Binkele, a member of the Shack proxy group, was formally requested by
Artes Medical, Inc.’s Chief Legal Officer, General Counsel, and Corporate
Secretary to present a proposal to recapitalize Artes Medical, Inc. and discuss
other strategic opportunities.
Dr. Shack
noted, “We are excited to have the opportunity to present our plan to not only
bring additional capital to Artes Medical but also to discuss a detailed plan of
reorganization and other steps to allow Artes Medical, Inc. to fully attain its
growth potential and provide shareholders maximum long term value
..”
“I am
chagrinned, however, that once again that certain members of the board have
distorted the facts. In a press release issued after we received the
board’s invitation, it was claimed that we requested a meeting with the board
when in truth it was the board that requested that we send a copy of our
proposal for financing to them and, in addition, present our proposal to the
full board at its regularly scheduled board meeting at 10:00am EST on November
5, 2008 in New York.” Even more concerning is the continued characterization of
our desire to return shareholder value to Artes Medical Inc., as
abusive. Clearly the desire of the proxy group is to establish the
financial stability, marketing, branding and educational models that have been
nonexistent under the current management, and which have directly and negatively
impacted shareholder value.”
“Furthermore,
the press release once again states that the “proxy group was defeated in U.S.
Federal Court” whereas the truth is that the judge merely declined to rule at
that time pending further hearings on the matter.”
“Nevertheless,
we will put aside these acts of bad faith by the few seeking to derail this
process because we strongly believe that the board members will accept their
fiduciary responsibility to re-establish the lost value to the shareholders
through a major infusion of capital and by establishing and following a
comprehensive marketing, branding, and educational program to solidify Artes
Medical, Inc. as the pre-eminent provider of aesthetic products for the
dermatology and plastic surgery markets in the United States. As an
unbiased board, we are confident that they will respect their fiduciary duty and
act in the best interests of the shareholders, through the reorganization and
re-structuring proposed by our group.
FORWARD-LOOKING
STATEMENTS
This
press release contains forward-looking statements that are based on the Proxy
Organizer’s current beliefs and assumptions and on information currently
available to the Proxy Organizer. Forward-looking statements involve
known and unknown risks, uncertainties and other factors that may cause actual
results, performance or achievements to be materially different from any future
results, performance or achievements expressed or implied by the forward-looking
statements. As a result of these risks, uncertainties and other
factors, readers are cautioned not to place undue reliance on any
forward-looking statements included in this press release. These
forward-looking statements represent beliefs and assumptions only as of the date
of this document, and the Proxy Organizer assumes no obligation to update these
forward-looking statements publicly, even if new information becomes available
in the future.
IMPORTANT
ADDITIONAL INFORMATION
On
October 6, 2008, the Proxy Organizer filed a definitive proxy statement with the
SEC in connection with the solicitation of proxies for the Artes Medical, Inc.
2008 Annual Stockholders’ Meeting (the “Proxy Statement”). The Proxy
Organizer has mailed the Proxy Statement to all stockholders. The
Proxy Statement contains important information about Artes Medical, Inc. and the
Annual Meeting. All stockholders are urged to read the Proxy
Statement carefully. Stockholders can obtain copies of the Proxy
Statement and other documents filed by the Company and Proxy Organizer with the
SEC in connection with the Annual Meeting for free at the SEC’s website at
www.sec.gov. The Proxy Organizer is deemed a participant in the
solicitation of proxies from stockholders in connection with the Annual
Meeting. All proxy documents are also available in German language
upon request from Mackenzie Partners at (212) 929-5500 or via e-mail
at proxy@mackenziepartners.com.
Dr.
Shack’s Proxy Statement is available in English and German language on the
internet at www.artesproxy.com.
The
contents of the websites referenced above are not deemed to be incorporated by
reference into the Proxy Organizer’s Proxy Statement.
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