Bernstein Liebhard LLP is investigating whether the Board of Directors of NBTY, Inc. (“NBTY” or the “Company”) (NYSE: NTY) breached its fiduciary duty to its shareholders in agreeing to sell NBTY to The Carlyle Group.

Under the terms of the agreement, NBTY shareholders will receive $55.00 in cash for each share they own, placing the total value of the transaction at approximately $3.8 billion. The investigation is focused on the potential unfairness of the price to NBTY shareholders and the process by which the NBTY Board of Directors considered and approved the transaction.

If you are interested in discussing your rights as an NBTY shareholder and/or have information relating to the matter, please contact U. Seth Ottensoser at (877) 779-1414 or Ottensoser@bernlieb.com.

Bernstein Liebhard has pursued hundreds of securities, consumer and shareholder rights cases and recovered almost $3 billion for its clients. It has been named to The National Law Journal’s “Plaintiffs’ Hot List” in each of the last seven years.

Bernstein Liebhard LLP 10 East 40th Street New York, New York 10016 (877) 779-1414

www.bernlieb.com

ATTORNEY ADVERTISING. © 2010 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, (212) 779-1414. Prior results do not guarantee or predict a similar outcome with respect to any future matter.

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