UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
FORM 8-K
CURRENT REPORT Pursuant
to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of report (Date of earliest event reported): October 1, 2018
| National Beverage Corp. |
| (Exact Name of Registrant as Specified in Its Charter) |
| Delaware |
| (State or Other Jurisdiction of Incorporation) |
| 1-14170 | 59-2605822 |
| (Commission File Number) | (IRS Employer Identification No.) |
| 8100 SW Tenth Street, Suite 4000 | |
| Fort Lauderdale, Florida | 33324 |
| (Address of Principal Executive Offices) | (Zip Code) |
| (954) 581-0922 |
| (Registrant’s Telephone Number, Including Area Code) |
| (Former Name or Former Address, if Changed Since Last Report) |
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (17 CFR §230.405) or Rule 12b-2 of the Securities Exchange Act of 1934 (17 CFR §240.12b-2).
Emerging growth company ☐
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐
Item 8.01 Other Events
On October 1, 2018 the company issued a news release entitled “National Beverage Refutes Allegations”. The release is attached hereto as Exhibit 99.1.
Item 9.01 Financial Statements and Exhibit
(d) Exhibits
Exhibit 99.1 News release entitled “National Beverage Refutes Allegations”
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
National Beverage Corp.
(Registrant)
| Date: October 2, 2018 | /s/ George R. Bracken |
|
George R. Bracken Executive Vice President – Finance Principal Financial Officer |
EXHIBIT INDEX
Exhibit 99.1 News release entitled “National Beverage Refutes Allegations”
Exhibit 99.1
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NASDAQ: FIZZ For Immediate Release Contact: Office of the Chairman, Grace Keene |
NATIONAL BEVERAGE
REFUTES ALLEGATIONS
FORT LAUDERDALE, FL, October 1, 2018 . . . National Beverage Corp. (NASDAQ: FIZZ) categorically denies all allegations in a lawsuit filed today without basis in fact or law regarding the natural composition of its LaCroix sparkling waters. Natural flavors in LaCroix are derived from the natural essence oils from the named fruit used in each of the flavors. There are no sugars or artificial ingredients contained in, nor added to, those extracted flavors.
All essences contained in LaCroix are certified by our suppliers to be 100% natural.
The lawsuit provides no support for its false statements about LaCroix’s ingredients. The United States Food and Drug Administration (FDA) considers “natural” on a food label to be truthful and non-misleading when “nothing artificial or synthetic (including all color additives regardless of source) has been included in, or has been added.” All LaCroix product labels include an ingredient statement indicating each product contains carbonated water and natural flavors. National Beverage stands by that ingredient statement and the fact that all the flavor essences in LaCroix are natural.
The lawsuit and the companion release that was published this afternoon were false, defamatory and intended to intentionally damage National Beverage and its shareholders. National Beverage will vigorously seek actual and punitive damages among other remedies from everyone involved in the publication of these defamatory falsehoods.
