June 5, 2013 - The U.S. Court of Appeals for the Eleventh Circuit affirmed the judgment of dismissal.
July 23, 2012 - The lead plaintiff filed a notice of appeal.

June 27, 2012 - The court granted the defendants' joint motion to dismiss with prejudice.

June 25, 2012 - The court entered a judgment in favor of the defendants.

February 24, 2012 - Defendants filed a joint motion to dismiss the amended complaint and the second amended complaint.

January 11, 2012 - The lead plaintiff filed a second amended complaint on behalf of investors who purchased VITC common shares between September 24, 2009 and April 20, 2010. The lead plaintiff alleges that the defendants violated the Securities Act of 1933 and the Securities Exchange Act of 1934 by issuing false and misleading statements between September 24, 2009 and April 20, 2010.

December 12, 2011 - The court granted the defendants' motion to dismiss and granted plaintiffs leave to file a second amended complaint.

May 3, 2011 - The court granted the dismissal of one of the defendants without prejudice.

April 28, 2011 - Defendants filed a motion to dismiss.

April 28, 2011 - The lead plaintiff filed a notice of voluntary dismissal without prejudice against one of the defendants.

February 15, 2011 - The lead plaintiffs filed an amended consolidated complaint on behalf of investors who purchased VITC common shares between September 24, 2009 and December 7, 2010. The lead plaintiff alleges that the defendants violated the Securities Act of 1933 and the Securities Exchange Act of 1934 by issuing false and misleading statements between September 24, 2009 and December 7, 2010.

October 18, 2010 - The lead plaintiffs and lead counsel were appointed.

July 23, 2010 - Lead plaintiff motions were filed.

May 24, 2010 - An investor in shares of Vitacost.com Inc (NASDAQ: VITC) filed a lawsuit in the U.S. District Court for the Southern District of Florida against Vitacost.com Inc over alleged violations of Federal Securities Laws in connection with certain allegedly false and misleading statements made between September 24, 2009 and April 20, 2010.

The complaint the plaintiff alleges that Vitacost.com, Inc and certain of its officers and directors violated the Securities Act of 1933 and the Securities Exchange Act of 1934 by knowing or recklessly disregarding between September 24, 2009 and April 20, 2010 that their public statements concerning Vitacost.com Inc's financial performance were materially false and misleading. After the markets closed, Vitacost.com Inc issued a press release on April 20, 2010 updating its guidance for revenue and earnings per share for the first quarter and full year 2010. Vitacost.com Inc revised its prior revenue and earnings per share guidance downward for both the first quarter of 2010 and the full year 2010. In this regard, Vitacost.com Inc stated as follows: “During the latter half of the first quarter, back orders temporarily increased on select NSI proprietary products primarily due to a manufacturing logistics issue at its Lexington, NC plant. As a result, Vitacost.com Inc estimates that $1.0 to $1.2 million of revenue will shift from the first quarter to the second quarter as Vitacost.com Inc recognizes revenue when orders are delivered and not shipped. As a result, Vitacost.com Inc now expects revenue in the range of $57.0 to $57.5 million for the first quarter of 2010, with fully diluted earnings per share in the range of $0.08 to $0.09.

Vitacost.com Inc’s prior guidance was for revenue in the range of $58 to $60 million and earnings per diluted share in the range of $0.14 to $0.15. The revised earnings per share guidance is attributable to the lower-than-expected revenue and a product mix shift with an increased percentage of revenue stemming from lower margin third party product sales. In addition, gross margin in the quarter was also impacted by increased shipping expenses to maintain Vitacost.com, Inc’s high level of customer service and an increase in the level of promotional activity in order to mitigate the expense of moving inventory from Vitacost.com, Inc’s former distribution center in North Las Vegas to the newly opened facility in South Las Vegas. Accordingly, Vitacost.com Inc is revising its full year 2010 estimates and now expects revenue to be in the range of $235 to $245 million with full year earnings per share in the range of $0.40 to $0.50. Previously, Vitacost.com Inc’s full year guidance was for revenue in the range of $245 to $255 million and earnings per share in the range of $0.56 to $0.63.” Insiders sold $78.85 million in VITC stock between the September 2009 initial public offering and their announcement on April 20, 2010. On April 21, 2010, Vitacost.com Inc’s common stock VITC declined during midday trading by $3.38 per share, a decline of almost 30%, from $12.56 per share to $9.18 per share, well below the September 2009 $12.00 offering price. Shares of Vitacost.com Inc (VITC) traded recently at $9.59 per share, down from its 52 week High of $13.45 per share.

Vitacost.com Inc located in Boca Raton, Florida, is an online retailer and direct marketer of health and wellness products, including dietary supplements, such as vitamins, minerals, herbs or other botanicals, amino acids and metabolites (referred to as vitamins and dietary supplements), as well as cosmetics, organic body and personal care products, sports nutrition and health foods.