Date:10/29/2009

ly affect results of operations include, among other things, market conditions, intense competition from existing and new products, an inability of manufacturers to produce Caldolor on a timely basis or a failure of manufacturers to comply with stringent regulations applicable to pharmaceutical drug manufacturers, maintaining and building an effective sales and marketing infrastructure, government regulation, the possibility that marketing exclusivity and patent rights may provide only limited protection from competition, and other factors discussed in Cumberland's Registration Statement declared effective by the SEC on August 10, 2009. There can be no assurance that the results or developments anticipated by Cumberland and Phebra will be realized or, even if substantially realized, that they will have the expected effects. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date hereof. Cumberland and Phebra undertake no obligation to release publicly any revisions to these forward-looking statements to reflect events or circumstances after the date hereof or to reflect the occurrence of unanticipated events.

References

(1) IMS API/AHI Combined Australian National Sales Audits, September 2009, MAT. Injectable Narcotic Analgesics single dose units of injectable products from: N02A - Narcotic Analgesics. Combined Injectable Analgesics Market is total value of injectable products from: N02A - Narcotic Analgesics, N02B - Non-Narcotic Analgesics, M01A - Anti-Rheumatics Non-Steroidal [Dynastat® only].

(2) World Health Organization. Pain relief and palliative care. In: Clinical Management of HIV and AIDS at District Level. New Delhi, India: WHO Regional Office for South-East Asia Web site. http://www.searo.who.int/linkfiles/publications_ch11.pdf. Updated April 26, 2006. Accessed
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