UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, DC 20549

 

FORM 8-K

 

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

 

Date of Report (Date of earliest event reported) November 8, 2012

 

SMART BALANCE, INC.

(Exact name of registrant as specified in its charter)

 

         
Delaware   001-33595   20-2949397

(State or other jurisdiction

of incorporation)

 

(Commission

File Number)

 

(IRS Employer

Identification No.)

 

     

115 West Century Road - Suite 260

Paramus, New Jersey

  07652
(Address of principal executive offices)   (Zip Code)

 

Registrant’s telephone number including area code: (201) 568-9300

 

Not Applicable

(Former name or former address, if changed since last report)

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230 .425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 
 

  

Item 2.02. Results of Operations and Financial Condition.

 

On November 8, 2012, Smart Balance, Inc. (the “Company”) issued a press release announcing information regarding its results of operations and financial condition for the quarter ended September 30, 2012, the text of which is attached hereto as Exhibit 99.1 and is incorporated herein by reference.

 

The information in this Current Report on Form 8-K and Exhibit 99.1 attached hereto is being “furnished” pursuant to Item 2.02 of Form 8-K and is not deemed “filed” by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liabilities of that Section, nor is it deemed incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act.

 

Item 9.01. Financial Statements and Exhibits.

 

(d)

 

Exhibits .

 

The following exhibit is being “furnished” as part of this Current Report on Form 8-K

 

99.1 Press Release, dated November 8, 2012, issued by Smart Balance, Inc.

 

 
 

   

SIGNATURES

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

 

November 8, 2012 SMART BALANCE, INC.
 

(registrant)

  

     
  By: /s/ Christine Sacco
   

Christine Sacco

Chief Financial Officer

     

 

 
 

  

EXHIBIT INDEX

 

Exhibit Number   Description
     
99.1   Press Release, dated November 8, 2012, issued by Smart Balance, Inc.

 

 

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