70793--11/30/2009--NBTY

related topics

{product, liability, claim}

{customer, product, revenue}

{operation, international, foreign}

{property, intellectual, protect}

{regulation, change, law}

{cost, regulation, environmental}

{condition, economic, financial}

{product, market, service}

{financial, litigation, operation}

{system, service, information}

{operation, natural, condition}

{personnel, key, retain}

{competitive, industry, competition}

{loss, insurance, financial}

{acquisition, growth, future}

{capital, credit, financial}

A prolonged economic downturn or recession could adversely affect the retail and nutritional supplement industries and restrict our future growth. Instability in financial markets could adversely affect our ability to access capital markets. Unfavorable publicity or consumer perception of our products and any similar products distributed by other companies could have a material adverse effect on our business. Complying with new and existing government regulation, both in the United States and abroad, could increase our costs significantly and adversely affect our financial results. New legislation, changing interpretations of existing regulations, or a more aggressive enforcement environment generally, may increase our compliance costs. We may incur material product liability claims, which could increase our costs and adversely affect our reputation, revenues and operating income. If we experience product recalls, we may incur significant and unexpected costs, and our business reputation could be adversely affected. Insurance coverage, even where available, may not be sufficient to cover losses we may incur. The insurance industry has become more selective in offering some types of coverage and we may not be able to obtain insurance coverage in the future. International markets expose us to certain risks. We may be exposed to legal proceedings initiated by regulators abroad that could increase our costs and adversely affect our reputation, revenues and operating income. We may not be successful in our future acquisition endeavors, if any, which may have an adverse effect on our business and results of operations. We may not be successful in expanding globally. We are dependent on our executive officers and other key personnel, and we may not be able to pursue our current business strategy effectively if we lose them. One of our customers accounted for 18% of our consolidated net sales in fiscal 2009 and the loss of this customer, or any of our other major customers, could have a material adverse effect on our results of operations. We are dependent on certain third-party suppliers. We rely on our manufacturing operations to produce the vast majority of the nutritional supplements that we sell, and disruptions in our manufacturing system or losses of manufacturing certifications could affect our results of operations adversely. We operate in a highly competitive industry, and our failure to compete effectively could affect our market share, financial condition and growth prospects adversely. Our failure to appropriately respond to changing consumer preferences and demand for new products and services could harm our customer relationships and product sales significantly. We are subject to acts of God, war, sabotage and terrorism risk. We may be affected adversely by increased raw material, utility and fuel costs. Our profits may be affected negatively by currency exchange rate fluctuations. System interruptions or security breaches may affect sales. Our inability to protect our intellectual property rights could adversely affect our business. Intellectual property litigation and infringement claims against us could cause us to incur significant expenses or prevent us from manufacturing, selling or marketing our products, which could adversely affect our revenues and market share.

Full 10-K form ▸

70793--11/30/2009--NBTY_INC