Shareholder Class Action Filed Against NBTY, Inc. by the Law Firm of Schiffrin & Barroway, LLP
June 29 2004 - 3:36PM
PR Newswire (US)
Shareholder Class Action Filed Against NBTY, Inc. by the Law Firm
of Schiffrin & Barroway, LLP BALA CYNWYD, Pa., June 29
/PRNewswire/ -- The following statement was issued today by the law
firm of Schiffrin & Barroway, LLP: Notice is hereby given that
a class action lawsuit was filed in the United States District
Court for the Eastern District of New York on behalf of all
purchasers of the common stock of NBTY, Inc. (NYSE:NTY) ("NBTY" or
the "Company") from April 22, 2004 through June 16, 2004 inclusive
(the "Class Period"). If you wish to discuss this action or have
any questions concerning this notice or your rights or interests
with respect to these matters, please contact Schiffrin &
Barroway, LLP (Marc A. Topaz, Esq. or Stuart L. Berman, Esq.) toll
free at 1-888-299-7706 or 1-610-667-7706, or via e-mail at . The
complaint charges that NBTY, Scott Rudolf, and Harvey Kamil
violated the Securities Exchange Act of 1934. More specifically,
the Complaint alleges that the Company failed to disclose and
misrepresented the following material adverse facts which were
known to defendants or recklessly disregarded by them: (1) that the
Company's increased financial results over the prior year was
attributable to a shift in the timing of a promotional mailing and
was not attributable to any long term improvement at the Company;
(2) that a significant number of customers had shifted to
purchasing supplements in the mass channel area such as drug chains
and deep discounters, thereby negatively impacting the Company's
retail sales at its Vitamin World chain; and (3) that as a result
of the foregoing, defendants' positive statements concerning the
Company's prospects were lacking in a reasonable basis at all
relevant times. On June 17, 2004, the Company announced that its
Direct Response and Vitamin World operations had experienced lower
sales for the two-month period ending May 31, 2004. Specifically,
for the two-month period, sales from Puritan's Pride direct
response decreased 12% from the comparable period in the prior year
to $38 million and sales from Vitamin World retail stores decreased
1% from the comparable period in the prior year to $36 million.
When this information was belatedly disclosed to the market on June
17, 2004, shares of NBTY common stock fell $9.51 per share, or 26%,
to close at $26.99 per share, on extremely high trading volume.
Plaintiff seeks to recover damages on behalf of class members and
is represented by the law firm of Schiffrin & Barroway, which
prosecutes class actions in both state and federal courts
throughout the country. Schiffrin & Barroway is a driving force
behind corporate governance reform, and has recovered in excess of
a billion dollars on behalf of institutional and high net worth
individual investors. For more information about Schiffrin &
Barroway, or to sign up to participate in this action online,
please visit http://www.sbclasslaw.com/. If you are a member of the
class described above, you may, not later than August 23, 2004 move
the Court to serve as lead plaintiff of the class, if you so
choose. A lead plaintiff is a representative party that acts on
behalf of other class members in directing the litigation. In order
to be appointed lead plaintiff, the Court must determine that the
class member's claim is typical of the claims of other class
members, and that the class member will adequately represent the
class. Under certain circumstances, one or more class members may
together serve as "lead plaintiff." Your ability to share in any
recovery is not, however, affected by the decision whether or not
to serve as a lead plaintiff. You may retain Schiffrin &
Barroway, or other counsel of your choice, to serve as your counsel
in this action. CONTACT: Schiffrin & Barroway, LLP Marc A.
Topaz, Esq. Stuart L. Berman, Esq. Three Bala Plaza East, Suite
400, Bala Cynwyd, PA 19004 1-888-299-7706 (toll free) or
1-610-667-7706 Or by e-mail at DATASOURCE: Schiffrin &
Barroway, LLP CONTACT: Marc A. Topaz, Esq. or Stuart L. Berman,
Esq., both of Schiffrin & Barroway, LLP, toll free:
+1-888-299-7706, +1-610-667-7706, or Web site:
http://www.sbclasslaw.com/
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