DOW JONES NEWSWIRES 
 

The Food and Drug Administration said it warned Airgas Inc. (ARG) about medical-gas manufacturing operations that violated pharmaceutical regulations.

The setback comes during what may be the final chapter of a prolonged takeover battle between the company and larger rival Air Products & Chemicals Inc. (APD). On Thursday, the suitor boosted its offer to $70 a share from $65.50 a share, calling the raised bid its "best and final" offer.

Airgas had said it wouldn't accept an offer below $78 a share, but the company released correspondence Monday in which three of its independent directors said they did not agree with that view.

In a letter dated Dec. 1 and posted to the FDA's website Tuesday, the agency said violations included the company failing to sufficiently expand an investigation of a contaminated nitrogen cylinder and filling batches of medical gas drug products without completing production records. It described as inadequate the firm's responses to the problems.

The warning letter stemmed from July inspections of an Airgas facility. An Airgas spokesman wasn't immediately available to comment.

Airgas has benefited of late as demand has recovered from woefully low levels during the economic downturn. In October, it reported its second-quarter profit jumped 22% as revenue rose.

Meanwhile, Airgas and Air Products are embroiled in legal proceedings over whether Airgas's shareholder-rights plan, commonly known as a poison pill, is valid. If Air Products can't get the pill dissolved, its tender offer is effectively moot.

Airgas shares were up 0.6% at $63.85 in recent trading. The stock has gained 34% this year.

-By Matt Jarzemsky, Dow Jones Newswires; 212-416-2240; matthew.jarzemsky@dowjones.com

 
 
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