NTY Nbty Inc.

Geller Rudman Announces Class Action Lawsuit Against NBTY, Inc. on Behalf of Investors NEW YORK, June 29 /PRNewswire/ -- The Law Firm of Geller Rudman, PLLC announced today that a class action lawsuit has been filed in the United States District Court for the Eastern District of New York on behalf of purchasers of NBTY, Inc. (NYSE:NTY) ("NBTY" or the "Company") publicly traded securities during the period between April 22, 2004 and June 16, 2004, inclusive (the "Class Period"). A copy of the complaint filed in this action is available from the Court, or can be viewed on the firm's website at http://www.geller-rudman.com/case_signup_sec.asp?cID=309 . The complaint charges NBTY and certain of its officers and directors with violations of the Securities Exchange Act of 1934. NBTY is a vertically integrated manufacturer, marketer and retailer of nutritional supplements in the United States, the United Kingdom, Ireland, the Netherlands and worldwide. The complaint alleges that at the start of the Class Period, defendants announced that the Company had experienced a "record" quarter, in which its financial results exceeded analyst expectations, causing the price of the Company's stock to rise almost 5%. Defendants attributed the increased revenues, in part, to "the Company's ability to more effectively target market its customer base." As part of the same announcement, defendants advised investors that they were confident that the Company would continue to grow its revenue and market share. Unbeknownst to investors, however, the financial results were the result of a shift in the timing of a promotional mailing and were not attributable to any long-term improvement at the Company. As was ultimately disclosed by defendants at the end of the Class Period, the Company's financial results in the third quarter, which did not include this promotional campaign, suffered from a slowdown in sales. Moreover, by at least the start of the Class Period, defendants knew, but failed to disclose, that sales at the Company's Vitamin World stores were declining because customers were increasingly purchasing their vitamins and other health supplements at mass market merchants, such as drugstores and deep discounters, and not at specialty health stores such as Vitamin World. 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. Prior to the disclosure of this information, certain defendants and other NBTY insiders sold 727,200 shares of their personally held stock at artificially inflated prices for gross proceeds of $26 million. If you bought NBTY publicly traded securities between April 22, 2004 and June 16, 2004, inclusive, and you wish to serve as lead plaintiff, you must move the Court no later than August 23, 2004. If you are a member of this class, you can join this class action online at http://www.geller-rudman.com/ . Any member of the purported class may move the Court to serve as lead plaintiff through Geller Rudman or other counsel of their choice, or may choose to do nothing and remain an absent class member. Geller Rudman, PLLC is a national law firm that represents investors and consumers in class action and corporate governance litigation. It is one of the country's premier firms in the area of securities fraud, with in-house finance and forensic accounting specialists and extensive trial experience. Since its founding, Geller Rudman, PLLC has grown to become one of the most respected and successful firms representing investors and consumers in class action litigation. The firm came of age under the client focused realities of the Private Securities Litigation Reform Act of 1995, which provided new opportunities for institutional investors to assume leadership in combating securities fraud. The firm's lawyers have achieved substantial recoveries for aggrieved investors and consumers in class action lawsuits prosecuted in state and federal courts throughout the nation. Geller Rudman, PLLC maintains a widely recognized reputation for excellence, as courts have repeatedly appointed the firm to major positions in intricate multi-district or consolidated litigations. In this regard, Geller Rudman, PLLC has successfully pursued hundreds of class action lawsuits, has taken a lead role in numerous complex litigations on behalf of defrauded investors and consumers and has been responsible for billions in recoveries as well as landmark corporate governance changes. The firm maintains offices in Boca Raton and New York. If you have any questions about how you may be able to recover for your losses, or if you would like to consider serving as one of the lead plaintiffs in this lawsuit, you are encouraged to call or e-mail the Firm or visit the Firm's website at http://www.geller-rudman.com/ . Contact: GELLER RUDMAN, PLLC Samuel H. Rudman, Esq. or David A. Rosenfeld, Esq. Client Relations Department: 200 Broadhollow, Suite 406 Melville, NY 11747 631-367-7100 Toll Free: 1-877-992-2555 Fax: 1-631-367-1173 E-mail: DATASOURCE: Geller Rudman, PLLC CONTACT: Samuel H. Rudman, Esq. or David A. Rosenfeld, Esq., both of Geller Rudman, PLLC, +1-631-367-7100, or +1-877-992-2555, or fax, +1-631-367-1173, or Web site: http://www.geller-rudman.com/ http://www.geller-rudman.com/case_signup_sec.asp?cID=309

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