NTY Nbty Inc.

UPDATE: Schiffrin & Barroway, LLP Announces That the Class Period for the Shareholder Class Action Filed Against NBTY, Inc. Has Been Expanded BALA CYNWYD, Pa., July 26 /PRNewswire/ -- The law firm of Schiffrin & Barroway, LLP announces that the Class Period for the class action lawsuit 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") has been expanded. The new Class Period is April 22, 2004 through July 22, 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 Darren J. Check, 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. On July 22, 2004, NBTY reported weaker-than-expected third-quarter financial results. The nutritional supplements company posted third-quarter earnings of 37 cents a share on sales of $400 million. Analysts polled by Thomson First Call had expected it to earn 48 cents a share on sales of $416.4 million. Weakness in the company's Vitamin World unit contributed to the third-quarter shortfall. A year ago, NBTY earned pro forma earnings of 37 cents a share on sales of $308 million. Shares of NBTY traded down $4.82, or 19.7%, to $19.68. 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. Darren J. Check, 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 Darren J. Check, Esq., both of Schiffrin & Barroway, +1-888-299-7706 or +1-610-667-7706, Web site: http://www.sbclasslaw.com/

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