SHAREHOLDER ALERT: Pomerantz Law Firm Reminds Shareholders

New Post Public Reply Private Reply Replies (0) Message Board
News Desk 2018
179
SHAREHOLDER ALERT: Pomerantz Law Firm Reminds Shareholders with Losses on their Investment in National Beverage Corp. of Class Action Lawsuit and Upcoming Deadline – FIZZ

NEW YORK, Aug. 18, 2018 (GLOBE NEWSWIRE) -- Pomerantz LLP announces that a class action lawsuit has been filed against National Beverage Corp. (“National Beverage” or the “Company”) (NYSE:  FIZZ) and certain of its officers.  The class action, filed in United States District Court, Southern District of Florida, and docketed under 18-cv-61631, is on behalf of a class consisting of all persons other than Defendants who purchased or otherwise acquired National Beverage securities between July 17, 2014 and July 3, 2018, both dates inclusive (the “Class Period”), seeking to recover damages caused by Defendants’ violations of the federal securities laws and to pursue remedies under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 (the “Exchange Act”) and Rule 10b-5 promulgated thereunder, against the Company and certain of its top officials.

If you are a shareholder who purchased National Beverage securities between July 17, 2014, and July 3, 2018, both dates inclusive, you have until September 17, 2018, to ask the Court to appoint you as Lead Plaintiff for the class.  A copy of the Complaint can be obtained at www.pomerantzlaw.com .  To discuss this action, contact Robert S. Willoughby at rswilloughby@pomlaw.com or 888.476.6529 (or 888.4-POMLAW), toll-free, Ext. 9980. Those who inquire by e-mail are encouraged to include their mailing address, telephone number, and the number of shares purchased.

[Click here to join this class action]

National Beverage, through its subsidiaries, develops, produces, markets, and sells a portfolio of flavored beverage products in North America and internationally. The Company offers beverages to the active and health-conscious consumers, including sparkling waters under the LaCroix, LaCroix Cúrate, LaCroix NiCola, and Shasta Sparkling Water brand names.  It serves retailers, as well as various up-and-down-the-street accounts through the take-home, convenience, and food-service distribution channels.  The Company sells and markets its products through an internal sales force, as well as specialized broker networks.

On May 4, 2017, National Beverage issued a press release stating that it “employs methods that no other company does in this area—VPO (velocity per outlet) and VPC (velocity per capita).”  National Beverage asserted that it “utilize[s] two proprietary techniques to magnify these measures and this creates growth never before thought possible.”  On May 5, 2017, National Beverage issued a second press release, stating that “[o]ur impressive VPO calculator . . . is flashing solid green numbers as we bring FY2017 to a close.”

The Complaint alleges that throughout the Class Period, Defendants made materially false and misleading statements regarding the Company’s business, operational and compliance policies.  Specifically, Defendants made false and/or misleading statements and/or failed to disclose that: (i) National Beverage’s sales claims and the supposed underlying “proprietary techniques” lacked a verifiable basis; (ii) National Beverage’s Chairman and Chief Executive Officer (“CEO”), Defendant Nick A. Caporella (“Caporella”), engaged in a pattern of sexual misconduct between 2014 and 2016; and (iii) as a result, National Beverage’s public statements were materially false and misleading at all relevant times. 

On December 8, 2017, National Beverage issued a press release announcing its financial and operating results for the period ended October 28, 2017.  Notwithstanding the Company’s representations in its May 2017 press releases with respect to “creat[ing] growth never before thought possible,” analyst Laurent Grandet of Credit Suisse assigned an “underperform” rating to the Company’s stock.  Grandet noted that National Beverage’s business was driven “almost entirely” by the success of its LaCroix sparkling water brand, the growth trajectory of which was in fact slowing.  That same day, Maxim analyst Anthony Vendetti reiterated a “sell” recommendation for National Beverage stock, noting that its “numerous weak brands and opaque financial reporting” made its sale “highly unlikely.”

On this news, National Beverage’s share price fell $11.91, or 10.56%, to close at $100.84 on December 8, 2017.

On June 26, 2018, the Wall Street Journal published an article entitled “The SEC Has Had Its Own Questions About LaCroix”, reporting that National Beverage had “declined to provide” the SEC “with requested sales figures to clarify [National Beverage’s] sales claims”, following a letter request from the SEC in January 2018. 

On this news, National Beverage’s share price fell $9.75, or 8.87%, to close at $100.19 on June 27, 2018.

Then, on July 3, 2018, the Wall Street Journal published an article entitled “Billionaire Behind LaCroix Accused of Improper Touching by Two Pilots.”  The article reported, in part, that “[t]wo pilots have filed lawsuits alleging sexual harassment . . . claiming 82-year-old Nick A. Caporella inappropriately touched them on multiple trips while they were flying with him in the cockpit of his business jet” and that “[t]he suits claim the unwanted touching occurred on more than 30 trips from 2014 to 2016.

On this news, National Beverage’s share price fell $2.90, or 2.64%, over the following two trading days, closing at $107.04 on July 6, 2018.

The Pomerantz Firm, with offices in New York, Chicago, Los Angeles, and Paris, is acknowledged as one of the premier firms in the areas of corporate, securities, and antitrust class litigation. Founded by the late Abraham L. Pomerantz, known as the dean of the class action bar, the Pomerantz Firm pioneered the field of securities class actions. Today, more than 80 years later, the Pomerantz Firm continues in the tradition he established, fighting for the rights of the victims of securities fraud, breaches of fiduciary duty, and corporate misconduct. The Firm has recovered numerous multimillion-dollar damages awards on behalf of class members. See www.pomerantzlaw.com

CONTACT: Robert S. Willoughby Pomerantz LLP rswilloughby@pomlaw.com 888-476-6529 ext. 9980

Scroll down for more posts ▼

Top 10 Most Recent News Articles

Epson Unveils Early Black Friday Tech Deals

Updated Category News Views 79

Diving Headfirst into Holiday Tech Splurging The holiday hustle is upon us, folks, and Epson's stepping up with early Black Friday deals that'll have tech heads scrambling. They’re cutting prices up to $250 on their swanky home lineup—projectors, printers, scanners, you name it. This ain't just about making someone else smile, though; it's about the sweet spot where...

Continue Reading
Oxford Computer Group: A Microsoft Awards Finalist Again

Updated Category News Views 41

Oxford Computer Group Strikes Again Another day, another nod from the big boys at Microsoft, eh? Oxford Computer Group, now part of MajorKey Technologies, hasn't just found themselves in the mix—they're standing tall as a finalist for not one but two significant categories in the 2026 Microsoft Partner of the Year Awards: Secure Access and Defense and Intelligence. You...

Continue Reading
Nanjing Revives Cultural Legacy of Yangtze River

Updated Category News Views 18

Breathing Life into an Ancient Waterway You'd think the Yangtze River story's as old as the hills—well, you're not wrong. But today, there's a fresh wind blowing down its waters. On November 10, scholars, cultural buffs, and a mixed bag of experts moseyed into Nanjing. They weren't just there to nibble dumplings and wax poetic; they were fixing to shed new light on the...

Continue Reading
Decoding Lovense's Black Friday Deals for Savvy Shoppers

Updated Category News Views 24

The Smart Shopper's Guide to Black Friday Tech Black Friday ain't just a race for the cheapest jeans or a half-price TV anymore—now we're talking about smart tech that matters, like Lovense's offerings. Imagine shelling out for something that'll last and deliver genuine satisfaction instead of another closet filler. Yeah, I'm looking at you, cheap gadgets that croak in...

Continue Reading
NCPDP CEO Lee Ann Stember Retires After 46-Year Legacy

Updated Category News Views 28

A Remarkable Milestone in Healthcare Leadership It's not every day someone hangs up their boots after 46 years of relentlessly steering the ship, especially in the tumultuous seas of healthcare. Come June 1, 2027, Lee Ann Stember plans to do just that as she retires as President & CEO of the National Council for Prescription Drug Programs (NCPDP). Her tenure is marked by...

Continue Reading
Immunofoco’s Lentiviral Strategy for Cancer Control

Updated Category News Views 25

Revolutionizing Cancer Treatment: Immunofoco's Approach In the battle against B-cell malignancies, the old ways of doing things sometimes just don’t cut it, folks. Enter Immunofoco. At the recent Society for Immunotherapy of Cancer (SITC) 2026 meeting, they laid some ambitious cards on the table with their in vivo T-cell engager (TCE) delivery strategy. Engineering...

Continue Reading
Group 1 Automotive Expands with Lexus Gwinnett Acquisition

Updated Category News Views 79

Unifying the Landscape: Group 1's Bold Move with Lexus Gwinnett Another piece of the puzzle drops into place as Group 1 Automotive continues its aggressive campaign to unify its dealership network. The latest acquisition sees the Hennessy Lexus of Gwinnett rebranded as Lexus Gwinnett, adding another notch to their belt in the bustling Atlanta-market corridor. Group 1's...

Continue Reading
Capline Speeds Credentialing: AI Cuts 60% Off Wait Time

Updated Category News Views 41

AI and Dental Credentialing: A Game Changer? Is it just me, or is this push to AI-driven workflows becoming the latest buzz in every industry? Now, Capline Dental Services out of Houston says they've cracked the code on dental credentialing and, boy, is it something. By introducing AI into the mix, they've reportedly slashed credentialing time by 60%. You know what that...

Continue Reading
CAE Boosts Fiscal 2027 Outlook; Transformation On Track

Updated Category News Views 59

Revenue's down by a hair, but it's not as bleak as it seems. CAE Inc. (NASDAQ:CAE) just put its cards on the table for Q2 of fiscal 2027, and there's a mixed bag for us investors to chew over. Revenue dipped 2.6% year-over-year to $1,204.7 million. But hey, their adjusted EPS has climbed up to $0.33, a step up from $0.28 last year, which is a good sign of something right...

Continue Reading
Kava Meets Comics: A New Spot in King of Prussia

Updated Category News Views 73

A Social Revolution in King of Prussia Look, this ain't your typical bar review. We're talking about the Uncanny Comics and Kava Bar at King of Prussia Mall—where comic books, collectible treasures, and good company collide with a South Pacific vibe. Kava: Beyond Just Another Drink First off, if you're scratching your head about kava, don't fret. It's a beverage made...

Continue Reading

Top 5 Most Recently Viewed Articles

First Guaranty Bancshares Unveils Strong Q3 Financial Performance

Updated Category News Views 70

First Guaranty Bancshares, Inc. Financial Overview First Guaranty Bancshares, Inc. (NASDAQ: FGBI), headquartered in Louisiana, recently disclosed its financial results for the third quarter and nine months ending September 30, 2024. This report embodies the bank's continued growth and robust performance in the financial sector. Key Financial Highlights The highlights...

Continue Reading
Helius Medical Technologies Showcases PoNS Therapy Study Results

Updated Category News Views 199

Exciting Developments in Gait Therapy for MS Patients Helius Medical Technologies, Inc. (NASDAQ: HSDT), a pioneering neurotech company, is thrilled to unveil important findings concerning its Portable Neuromodulation Stimulator (PoNS). This innovative device addresses balance and gait challenges faced by those with multiple sclerosis (MS). The revelations will be...

Continue Reading
Iceland Seafood Reports Impressive Financial Growth Amid Challenges

Updated Category News Views 123

Impressive Financial Results from Iceland Seafood International Iceland Seafood International hf has reported strong financial performance in the first half of the year, showcasing a significant increase in profitability. The company has demonstrated resilience amidst market challenges, making strides in operational excellence and strategic growth initiatives. Outstanding...

Continue Reading
Amazon's Q3 2025 Earnings Highlights: Strong Revenue and Innovations

Updated Category News Views 431

Amazon's Third Quarter 2025 Financial Results Amazon.com, Inc. (NASDAQ: AMZN) has reported its third-quarter earnings indicating significant financial health and robust growth across sectors. The company announced an impressive revenue of $180.2 billion for the quarter, marking a 12% increase year-over-year when excluding foreign exchange impacts. This upward trend is...

Continue Reading
Sunshine Silver Mines Achieves Record Stock Growth with GATO

Updated Category News Views 136

GATO Stock Hits New Highs In a striking demonstration of market movement, GATO, the stock linked to Sunshine Silver Mines and Refining, has reached a new milestone, soaring to a 52-week high of $15.96. This remarkable climb comes in the context of a significant rally in precious metals, especially as silver becomes more prominent. Investor confidence in the company has...

Continue Reading