SHAREHOLDER ALERT: Pomerantz Law Firm Reminds Shareholders

New Post Public Reply Private Reply Replies (0) Message Board
News Desk 2018
132
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. 31, 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

CIMAMotor 2026: A Massive Gathering in Motorcycle Mecca

Updated Category News Views 2

Unprecedented Scale at CIMAMotor 2026 Come September, the 24th China International Motorcycle Trade Exhibition, also known as CIMAMotor 2026, is set to roar through the corridors of the Chongqing International Expo Center. With more than 1,000 exhibitors and over 3,000 vehicles on display, it’s clear this isn’t just another trade show—this is a full-blown spectacle...

Continue Reading
York Space Systems Faces Class Action Over Misleading IPO

Updated Category News Views 4

York Space Systems Under the Legal Spotlight Ever get that feeling when something just doesn’t sit right? Like a burr under the saddle, York Space Systems is now grappling with a class action lawsuit that's throwing a heap of shade on its recent moves. What’s at play? Bronstein, Gewirtz & Grossman, LLC, a law firm that seems to have a nose for corporate messes, has...

Continue Reading
NeuralTrust Expands to London as AI Risks Intensify

Updated Category News Views 4

NeuralTrust's Strategic London Expansion In a world where AI agents are sprinting ahead of our security instincts, NeuralTrust makes a big play in the UK market, locking in their position with a new London office. This move isn't just about expansion—it's about tackling the tide of challenges head-on that comes with putting AI agents into the wild. London: A Hub for...

Continue Reading
Montana Dreams: Faith in New Beginnings

Updated Category News Views 3

Kickstart into a Faith-Fueled Tale Out of Lillington, N.C. comes a novel that isn't just pages of printed text, but almost a life lesson wrapped in fiction. Lee Jennings serves up "Home in Montana," a Christian romance mystery that throws a kaleidoscope of emotions onto the reader's lap, whether they're relaxed in a recliner or flipping through it on their lunch break....

Continue Reading
TECNO CAMON Slim 5G: Where Art Meets Tech

Updated Category News Views 1

Unveiling the TECNO CAMON Slim 5G Okay, so imagine a tech brand saying, 'Why not make a phone that’s as much an art piece as it is a gadget?' TECNO just pulled this off with their latest CAMON Slim 5G. The thing's a sleek marvel measuring in at just 6.39mm. Seems like they took a fat-free diet approach to phone design, and not on the digital calories either. A Slim Body...

Continue Reading
Hoymiles' V2X Charger Revamps Home Energy Control

Updated Category News Views 3

Revolutionizing Home Energy with Hoymiles Here's a twist in the world of home energy that'll make any enthusiast pause—Hoymiles has launched their V2X DC Charger. This little number isn’t just a step up; it’s a giant leap toward integrating electric vehicles (EVs) into your home's energy system like never before. Nestled in Hangzhou, they've rolled this out as a...

Continue Reading
Hyosung Targets U.S. AI Power Market with Advanced SST

Updated Category News Views 0

Hyosung's Game-Changing Move in the AI Power Sector Guess what? The AI era's heating up, and it's dragging the power sector along for a wild ride. Hyosung Chairman Hyun-Joon Cho peered into that future and decided it's all-in time for the U.S. power market. With AI and data centers cranking up power demands like never before, those rickety old wires need an upgrade fast....

Continue Reading
GBC 2026 Wraps Up: Korea Eyes Bio Industry Leadership

Updated Category News Views 2

GBC 2026: Korea's Giant Leap in Bio Innovation Well, there wasn't a dull moment at the 'Global Bio Conference 2026' in Seoul. Picture a melting pot where 5,600 participants from 19 countries converged to chat about the latest and greatest in biopharma innovation and regulatory strategies. That's not a setup you see every day, mind you. This event packed the room with...

Continue Reading
Ping An Climbs Sustainability Ladder, Scores A+ Rating

Updated Category News Views 3

Sustainability Triumph for Ping An: A+ Upgrade Ping An Insurance (Group) Company of China, Ltd. is having quite the moment, snagging an A+ in the latest 2026 Sustainability Rating from Hang Seng Indexes Company. This ain't just a one-time pat on the back—it's the third year of consecutive improvement. Looks like Ping An's focus on ESG efforts is finally getting the...

Continue Reading

Top 5 Most Recently Viewed Articles

Exclusive Car Shipping Discounts for Military Families

Updated Category News Views 454

Exciting Discounts on Car Shipping for USAA Members Montway Auto Transport is thrilled to announce exclusive car shipping discounts for members of the USAA Perks program, providing savings of up to $125 on their vehicle transport needs. This initiative highlights Montway's commitment to supporting military personnel, veterans, and their families with outstanding car...

Continue Reading
Intermex Partners with LA Galaxy and Dignity Health Sports Park

Updated Category News Views 111

Intermex Collaborates with LA Galaxy and Dignity Health Sports Park International Money Express, Inc. (NASDAQ: IMXI), widely known as Intermex, has entered an exciting collaboration with the LA Galaxy and their home venue, Dignity Health Sports Park (DHSP). This multiyear partnership marks the company as the Official International Remittance Partner for the renowned...

Continue Reading
Explore Vibrant New Adventures for Thrill-Seeking Travelers

Updated Category News Views 162

Backroads Unveils New Adventure Collection for Young Adults Backroads, the leader in active travel available for all ages, has just launched an exciting new collection of trips tailored specifically for adults in their 30s and 40s. This vibrant new series of trips addresses the desires of a generation eager to immerse themselves in culture and experiences that nurture...

Continue Reading
Upcoming Trends in Health Care Stocks You Should Know About

Updated Category News Views 104

Current Market Dynamics in Health Care Stocks In the ever-evolving landscape of health care stocks, two companies are making headlines for potentially alarming reasons. Investors are keeping a close watch, especially those who prioritize momentum in their investment strategies. As of early October, these stocks have shown notable indicators that may provoke concern....

Continue Reading
Noble Corp Prepares for Earnings: Insights and Expectations

Updated Category News Views 186

Noble Corp Earnings Overview Noble Corp (NYSE: NE) is set to reveal its quarterly earnings report soon, capturing the attention of investors eager for insights on performance and future guidance. This report is crucial as analysts forecast an earnings per share (EPS) of $0.30 for the upcoming announcement. Analyzing Previous Performance In previous earnings, Noble Corp...

Continue Reading