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SEC Company Response from Fortress Biotech, Inc. (FBIO, FBIOP) (CIK 0001429260) (FBIO) — Jul 19, 2019

Fortress Biotech, Inc. (FBIO, FBIOP) (CIK 0001429260)
Date: July 19, 2019 · CIK: 0001429260 · Accession: 0001144204-19-035206

Offering / Registration Process Regulatory Compliance Financial Reporting

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File numbers found in text: 333-226089

Date
July 19, 2019
Author
/s/ Mark F. McElreath
Form
CORRESP
Company
Fortress Biotech, Inc. (FBIO, FBIOP) (CIK 0001429260)

Letter

90 Park Avenue

New York, NY 10016

212-210-9400

Fax: 212-922-3995

www.alston.com

Mark F. McElreath Direct Dial: 212-210-9595 Email: mark.mcelreath@alston.com

July 19, 2019

Securities and Exchange Commission

Department of Corporation Finance

Washington, D.C. 20549

Attn: Mr. Jeffrey Gabor

Via: EDGAR Submission

Re: Fortress Biotech, Inc.

Registration Statement on Form S-3

Filed July 6, 2018

File No. 333-226089

Ladies and Gentlemen:

On behalf of our client, Fortress Biotech, Inc. (the “Company”), we hereby request that the effective date for the Registration Statement referred to above be accelerated so that it will be declared effective at 4:15 p.m. (ET) on July 23, 2019 or as soon as practicable thereafter, pursuant to Rule 461 of the Securities Act of 1933, as amended.

We, on behalf of the Company, acknowledge that (i) should the Commission or the staff of the Commission, acting pursuant to delegated authority, declare the filing effective, such declaration does not foreclose the Commission from taking any action with respect to the filing; (ii) the action of the Commission or the staff of the Commission, acting pursuant to delegated authority, in declaring the filing effective, does not relieve the Company from its full responsibility for the adequacy and accuracy of the disclosure in the filing; and (iii) the Company may not assert the declaration of effectiveness as a defense in any proceeding initiated by the Commission or any person under the federal securities laws of the United States.

Please contact me with any questions or comments at 212-210-9595. Thank you for your assistance with this filing.

Alston & Bird LLP www.alston.com

Atlanta | Beijing | Brussels | Charlotte | Dallas | Los Angeles | New York | Research Triangle | San Francisco | Silicon Valley | Washington, D.C.

Sincerely,
/s/ Mark F. McElreath

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CORRESP
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90 Park Avenue

New York, NY 10016

212-210-9400

Fax: 212-922-3995

www.alston.com

    Mark F. McElreath
    Direct Dial: 212-210-9595
    Email: mark.mcelreath@alston.com

July 19, 2019

Securities and Exchange Commission

Department of Corporation Finance

Washington, D.C. 20549

Attn: Mr. Jeffrey Gabor

    Via:
    EDGAR Submission

    Re:
    Fortress Biotech, Inc.

    Registration Statement on Form S-3

    Filed July 6, 2018

    File No. 333-226089

Ladies and Gentlemen:

On behalf of our client,
Fortress Biotech, Inc. (the “Company”), we hereby request that the effective date for the Registration Statement referred
to above be accelerated so that it will be declared effective at 4:15 p.m. (ET) on July 23, 2019 or as soon as practicable thereafter,
pursuant to Rule 461 of the Securities Act of 1933, as amended.

We, on behalf of the
Company, acknowledge that (i) should the Commission or the staff of the Commission, acting pursuant to delegated authority, declare
the filing effective, such declaration does not foreclose the Commission from taking any action with respect to the filing; (ii)
the action of the Commission or the staff of the Commission, acting pursuant to delegated authority, in declaring the filing effective,
does not relieve the Company from its full responsibility for the adequacy and accuracy of the disclosure in the filing; and (iii)
the Company may not assert the declaration of effectiveness as a defense in any proceeding initiated by the Commission or any person
under the federal securities laws of the United States.

Please contact me with
any questions or comments at 212-210-9595. Thank you for your assistance with this filing.

    Alston & Bird LLP
    www.alston.com

    Atlanta | Beijing | Brussels | Charlotte | Dallas | Los Angeles
| New York | Research Triangle | San Francisco | Silicon Valley | Washington, D.C.

    Sincerely,

    /s/ Mark F. McElreath

    Mark F. McElreath

    Partner