ImmunityBio’s possible future in Dunkirk continues to look like a shaky proposition. Last week, it was announced the company faces class action lawsuit from an Atlanta law firm that alleges the business misled investors about a drug that was later rejected by the FDA.

The suit was filed in a California federal court June 30 by Holzer and Holzer, Inc. against the San Diego-based company, which began leasing the former Athenex facility in the town of Dunkirk in February 2022. But since September, the building has been nearly empty after ImmunityBio laid off its work force while complaining about the shoddy condition of the interior of what was supposed to be a state-of-the-art facility.

In the filings, the suit notes: “ImmunityBio conducted insufficient due diligence to discover, or else did discover and ignored, good manufacturing practice deficiencies at its third-party contract manufacturing organizations for its product, Anktiva.”

Rule one in investing is the buyer beware. But since ImmunityBio came into the picture, most of the news surrounding the company has not been positive. That won’t help a region — or an empty building — that has such high hopes.