Holzer Holzer & Fistel, LLC announces that it has filed a class action lawsuit in the United States District Court for the Eastern District of New York on behalf of purchasers of NBTY, Inc. ("NBTY" or the "Company") (NYSE: NTY) common stock who purchased shares between November 9, 2009 and April 26, 2010 (the "Class Period"). The lawsuit alleges, among other things, that NBTY failed to adequately disclose that it was experiencing a significant disruption in its private label business, including a related decrease in demand for its private label products, and that the Company's advertising costs were escalating far in excess of the Company's internal forecasts. The complaint alleges that because of its disrupted business and increased advertising costs, the Company lacked any reasonable basis for the positive statements it made during the Class Period relating to its business and prospects.

If you purchased shares of NBTY common stock during the Class Period, you have the legal right to petition the Court to be appointed a "lead plaintiff." A lead plaintiff is a representative party that acts on behalf of other class members in directing the litigation. Any such request must satisfy certain criteria and be made no later than July 12, 2010. Any member of the purported class may move the Court to serve as lead plaintiff through counsel of their choice, or may choose to do nothing and remain an absent class member. If you are an NBTY investor and would like to discuss a potential lead plaintiff appointment, or your rights and interests with respect to the lawsuit, you may contact Michael I. Fistel, Jr., Esq., or Marshall P. Dees, Esq. via email at mfistel@holzerlaw.com, or mdees@holzerlaw.com, or via toll-free telephone at (888) 508-6832.

Holzer Holzer & Fistel, LLC is an Atlanta, Georgia law firm that dedicates its practice to vigorous representation of shareholders and investors in litigation nationwide, including shareholder class action and derivative litigation. More information about the firm is available through its website, www.holzerlaw.com and upon request from the firm.

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