Lawsuit Overview
September 20, 2019 - The court issued final judgement for the case's dismissal.
August 29, 2019 - The court granted the defendants' motion to dismiss.
December 2, 2018 - A motion to dismiss the amended consolidated was filed.
November 2, 2018 - An amended consoildated complaint was filed.
July 17, 2018 - An investor in shares of National Beverage Corp. (NASDAQ: FIZZ) filed a lawsuit in the U.S. District Court for the Southern District of Florida over alleged violations of Federal Securities Laws by National Beverage Corp. in connection with certain allegedly false and misleading statements made between July 17, 2014 and July 3, 2018.
According to the complaint the plaintiff alleges on behalf of purchasers of National Beverage Corp. (NASDAQ: FIZZ) common shares between July 17, 2014 and July 3, 2018, that the defendants violated Federal Securities Laws. More specifically, the plaintiff claims that between July 17, 2014 and July 3, 2018, the Defendants made false and/or misleading statements and/or failed to disclose that National Beverage’s sales claims and the supposed underlying “proprietary techniques” lacked a verifiable basis, that 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 that as a result, National Beverage’s public statements were materially false and misleading at all relevant times.
On May 4, 2017, National Beverage Corp, the maker of LaCroix sparkling water, 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 Corp asserted that it utilize[s] two proprietary techniques to magnify these measure and this creates growth never before thought possible.
On May 5, 2017, National Beverage Corp issued a second press release, stating that [o]ur impressive VPO calculator . . . is flashing solid green numbers as we bring FY2017 to a close.
On June 26, 2018, an article was published entitled The SEC Has Had Its Own Questions About LaCroix , reporting that National Beverage Corp had declined to provide the U.S. Securities and Exchange Commission ( SEC ) with requested sales figures to clarify [National Beverage's] sales claims , following a letter request from the SEC in January 2018.
Shares of National Beverage Corp. (NASDAQ: FIZZ) declined on June 27, 2018 to a slow as 95.68 per share.
On July 17, 2018, NASDAQ: FIZZ shares closed at $108.62 per share.