-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, WD3pOqxHdEeTMAJNmubxAXnePRavUHayKFCTX53SEwwxF2T+R3dTJ7p8jofVfuVt mIPFK6QFmzWX7zK8hLNbwg== 0001021561-09-000073.txt : 20091020 0001021561-09-000073.hdr.sgml : 20091020 20091020084723 ACCESSION NUMBER: 0001021561-09-000073 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 4 CONFORMED PERIOD OF REPORT: 20091020 ITEM INFORMATION: Results of Operations and Financial Condition ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20091020 DATE AS OF CHANGE: 20091020 FILER: COMPANY DATA: COMPANY CONFORMED NAME: NU SKIN ENTERPRISES INC CENTRAL INDEX KEY: 0001021561 STANDARD INDUSTRIAL CLASSIFICATION: WHOLESALE-DRUGS PROPRIETARIES & DRUGGISTS' SUNDRIES [5122] IRS NUMBER: 870565309 STATE OF INCORPORATION: DE FISCAL YEAR END: 1208 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-12421 FILM NUMBER: 091127075 BUSINESS ADDRESS: STREET 1: 75 WEST CENTER ST STREET 2: ATTN: D. MATTHEW DORNY CITY: PROVO STATE: UT ZIP: 84601 BUSINESS PHONE: 801-345-6100 MAIL ADDRESS: STREET 1: 75 WEST CENTER ST STREET 2: ATTN: D. MATTHEW DORNY CITY: PROVO STATE: UT ZIP: 84601 FORMER COMPANY: FORMER CONFORMED NAME: NU SKIN ASIA PACIFIC INC DATE OF NAME CHANGE: 19960919 8-K 1 preearnrel8-k.htm OCTOBER 20, 2009 PRESS RELEASE 8-K FORM 8-K NSE October 20, 2009 Q3 2009 Pre-earnings Release

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


   October 20, 2009
Date of Report (Date of earliest event reported)
  
        
   NU SKIN ENTERPRISES, INC.
(Exact name of registrant as specified in its charter)
  
        
Delaware
(State or other jurisdiction of incorporation)
001-12421
(Commission File Number)
87-0565309
(IRS Employer
Identification Number)
        
   75 West Center Street
Provo, UT 84601

(Address of principal executive offices and zip code)

(801) 345-1000
(Registrant's telephone number, including area code)

N/A
(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:

  Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

  Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

  Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

  Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4 (c))
Item 2.02   Results of Operations and Financial Condition.

On October 20, 2009, Nu Skin Enterprises, Inc. (the "Company") issued a press release announcing its financial results for the third quarter ended September 30, 2009, and certain other information. A copy of the Company's press release is attached as Exhibit 99.1 to this report and incorporated by reference.

The information furnished pursuant to this Item 2.02 and the exhibit hereto shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), and shall not be deemed to be incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act except as shall be expressly set forth by specific reference in such filing.

Item 8.01   Other Events.

As reported in our Annual Report on Form 10-K filed on February 27, 2009, the Company is currently involved in litigation in Japan with the Ministry of Finance with respect to additional customs assessments made by Yokohama Customs for the period of October 2002 through July 2005. The aggregate amount of those assessments is 2.7 billion Japanese yen, net of any recovery of consumption taxes. We believe that the documentation and legal analysis supports our position and have taken action in the court system in Japan to overturn these assessments. The litigation on this matter is ongoing. In July 2005, the Company changed its operating structure in Japan and believed that these changes would eliminate further valuation disputes with Yokohama Customs as the new structure eliminated the issues that were the basis of the litigation and valuation disputes.

However, we recently received notice from Yokohama Customs that they were assessing additional duties, penalties and interest for the period of October 2006 through October 2008 following an audit. The total amount of such assessments is 1.5 billion Japanese yen ( or US $16.8 million), net of any recovery of consumption taxes. The basis for such additional assessment is different from, and unrelated to, the issues that are being litigated in the current litigation with the Ministry of Finance. Following our review of the assessments and after consulting with our legal and customs advisors, we strongly believe that the additional assessments are improper and are not supported by any legal or factual basis. We plan to file letters of protest and seek to have such additional assessments overturned or rescinded. At the request of the Yokohama customs authorities, we have prepared additional information for them to consider.

Item 9.01   Financial Statements and Exhibits.

(d)     Exhibit.

  99.1   Nu Skin Enterprises’ press release dated October 20, 2009, regarding financial results for the third quarter ended September 30, 2009.

SIGNATURE

        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 hereunto duly authorized.

    NU SKIN ENTERPRISES, INC.
(Registrant)

/s/ Ritch Wood
Ritch Wood
Chief Financial Officer
 

Date:    October 20, 2009



EXHIBIT INDEX


Exhibit No.   Exhibit Description

99.1   Nu Skin Enterprises’ press release dated October 20, 2009, regarding financial results for the third quarter ended September 30, 2009.

GRAPHIC 2 ballot.jpg GRAPHIC begin 644 ballot.jpg M_]C_X``02D9)1@`!`0$!+`$L``#_VP!#``@&!@<&!0@'!P<)"0@*#!0-#`L+ M#!D2$P\4'1H?'AT:'!P@)"XG("(L(QP<*#7J#A(6&AXB)BI*3E)66EYB9FJ*CI*6FIZBIJK*SM+6VM[BYNL+#Q,7& MQ\C)RM+3U-76U]C9VN'BX^3EYN?HZ>KQ\O/T]?;W^/GZ_\0`'P$``P$!`0$! M`0$!`0````````$"`P0%!@<("0H+_\0`M1$``@$"!`0#!`<%!`0``0)W``$" M`Q$$!2$Q!A)!40=A<1,B,H$(%$*1H;'!"2,S4O`58G+1"A8D-.$E\1<8&1HF M)R@I*C4V-S@Y.D-$149'2$E*4U155E=865IC9&5F9VAI:G-T=79W>'EZ@H.$ MA8:'B(F*DI.4E9:7F)F:HJ.DI::GJ*FJLK.TM;:WN+FZPL/$Q<;'R,G*TM/4 MU=;7V-G:XN/DY>;GZ.GJ\O/T]?;W^/GZ_]H`#`,!``(1`Q$`/P#U."#5-9UW M7U'B/4K&"SO4MX8+6*V*A3;0R$DR0LQ):1N_I6KX5OKC4_!^B7]W()+FZL() MI7``W.T:EC@<#DGI3+GPKI=S>W5V6U"&:Z=9)C;:G EX-99.1 3 ex99-1.htm OCTOBER 20, 2009 PRESS RELEASE Exhibit 99.1 to October 20, 2009 Form 8-K NSE Logo

FOR IMMEDIATE RELEASE

CONTACTS:

Investors—Scott Pond, (801) 471-9998, spond@nuskin.com

Media—Kara Schneck, (801) 345-2116, kschneck@nuskin.com

NU SKIN ENTERPRISES ANNOUNCES RECORD REVENUE

PROVO, Utah—Oct. 20, 2009— Today Nu Skin Enterprises pre-announced record quarterly revenue and earnings in advance of its 25th Anniversary Global Convention. Revenue for the third quarter grew to $334.2 million, an 8 percent improvement over the prior-year period. Earnings per share are expected to be $0.39 to $0.40, compared to $0.26 in the prior-year quarter. Earnings per share include $0.01 in planned restructuring charges related to Japan. Revenue benefited 1 percent for the quarter from foreign currency fluctuations. Strong revenue results around the globe coupled with improving operating margins continue to drive record results.

“In a year full of milestones, it’s fitting that the third quarter was our largest revenue quarter in company history,” said Truman Hunt, president and chief executive officer. “We continue to generate impressive results on both the top and bottom lines. Our local currency revenue growth accelerated to 7 percent, boosted by continued sales trend improvements in Japan and double-digit growth in South East Asia, South Korea, Mainland China, Europe and Latin America. Our North America business also performed well, reporting 7 percent growth. The approximately 50 percent improvement on the bottom line is a reflection of the terrific work our management teams have done around the world in streamlining the business over the past three years.” “All indications are that the upcoming launch of our ageLOC anti-aging skin-care product line will be our most significant new product launch ever,” Hunt continued. “We are seeing tremendous energy as we build towards our 25th Anniversary Global Convention, which will take place October 22-24 in Los Angeles, California.”


-more-

Nu Skin Enterprises Pre-Announce Record Revenue
Oct. 20, 2009
Page 2

“Our strong performance in the third quarter leads us to raise our guidance for the year. We anticipate revenue of $1.29 billion to $1.30 billion, with earnings in the range of $1.25 to $1.27, including estimated restructuring charges of $0.13.” concluded Hunt.

The company will provide complete quarterly details before the opening of the financial markets on Thursday, October 29. Management will host a conference call with the investment community that same day at 1 p.m. EST.

The Company

For 25 years, Nu Skin Enterprises, Inc. has been demonstrating its tradition of innovation through its comprehensive anti-aging product portfolio, independent business opportunity and corporate social responsibility initiatives. Nu Skin’s scientific leadership in both skin care and nutrition has established Nu Skin as a premier anti-aging company, evidenced in its unique ageLOC™ approach and flagship products including the Galvanic Spa® System II, Tru Face® Essence Ultra, LifePak® nano and the g3 nutrition beverage. A global direct selling company, Nu Skin operates in 48 markets worldwide and has more than 750,000 independent sales representatives. Nu Skin Enterprises is traded on the New York Stock Exchange under the symbol “NUS.” More information is available at http://www.nuskinenterprises.com.

Please note: This press release, contains forward-looking statements within the meaning of Section 21E of the Securities Exchange Act of 1934 that represent the company’s current expectations and beliefs, including, among other things: (i) anticipated financial results for the third quarter; (ii) management’s positive outlook for the company; (iii) management’s expectations regarding the launch of the ageLOC™ anti-aging skin-care product line; and (iv) management’s projections regarding revenue, earnings per share and restructuring charges for the year 2009. The forward-looking statements and related assumptions involve risks and uncertainties that could cause actual results and outcomes to differ materially from any forward-looking statements or views expressed herein. These risks and uncertainties include, but are not limited to: (a) challenging economic conditions globally; (b) any prospective or retrospective increases in duties on our products imported into our markets outside of the United States and any adverse results of tax audits or unfavorable changes to tax laws in our various markets; (c) the recent fluctuations of numerous foreign currencies and the associated currency translation impact on our business if these currencies continue to fluctuate; (d) uncertainty regarding the impact on our business of increased regulatory scrutiny of the direct selling industry in Japan and our efforts to increase distributor compliance efforts in this market; (e) an increase in complaints to consumer protection agencies in Japan regarding the activities of some distributors and the associated risks to the company’s business if such increase results in further regulatory scrutiny; (f) regulatory risks associated with the company’s tools and products, which could inhibit the company’s ability to market a tool or product in a market if it is determined to be a medical device in any market, if distributors make unauthorized claims that would cause such products to be classified as drugs, or if the company is unable to obtain necessary product registrations in a timely manner; (g) risks related to the recent swine flu outbreak, which could negatively impact our business to the extent that it inhibits travel, causes people to avoid interaction with other people, or restricts our ability to produce or distribute any of our porcine-sourced gelatin encapsulated products; (h) continued regulatory scrutiny and investigations in Mainland China, which have from time to time in the past, and could in the future, negatively impact the company’s business, including the interruption of sales activities in stores, loss of licenses, and the imposition of fines; (i) any failure of current or planned initiatives or products to generate interest among distributors and customers and generate sponsoring and selling activities on a sustained basis; (j) any unanticipated negative response from distributors regarding distributor compensation plan enhancements planned for implementation in most of our Asian markets in 2009; (k) any failure of the implementation of business transformation initiatives to reduce overhead and drive growth, and any negative impact of such initiatives on the company’s ability to effectively manage its operations; (l) adverse publicity related to the company’s business, products, industry or any legal actions or complaints by distributors or others similar to claims made against some of the company’s competitors; and (m) continued competitive pressures in the company’s markets. The company’s financial performance and the forward-looking statements contained herein are further qualified by a detailed discussion of associated risks set forth in the documents filed by the company with the Securities and Exchange Commission, including the company’s Annual Report on Form 10-K filed on February 27, 2009 and Quarterly Reports on Form 10-Q filed on May 8, 2009 and August 7, 2009. The forward-looking statements set forth the company’s beliefs as of the date of this release, and the company assumes no duty to update the forward-looking statements contained in this release to reflect any change except as required by law.

###

GRAPHIC 4 nse25.gif GRAPHIC begin 644 nse25.gif M1TE&.#EAC0!?`'```"P`````C0!?`(7____>WM[.SLZ]O;VEI9R:4C(QK M>W-K>XSW]^_>[__FQ=X0,2D`$`@I$"G%YN;_[_][6F,0.@@Q$`CFYL4Q.EJ4 M6H0````````````````````````````````````````````````````````` M```````````````````````````````````````````````&_T"`<$@L&@$! MP8!`*!`&`<-Q2JU:K]BL=GL-'!")A7@\9C0<`ZYZS6Z[BP,$@VQ^(""-,#GA MD+[_@(%J`PUD"Q(3`484%7IC#A^"DI.3'Q:&"'Y5!8X+'024H:*#'7MI61F7 M9!:CK:Y'!(8-BEP'"PICLZ^[HPYCN`T9;+:X8@FTE`9)`\Q1O(&V8K@,`FX7 M"MAB&YI_!@,6"`T-#^0/XA`$W$<8&0AV$.YW\?#O\^X6ZFJQM]@*U6\-^HEI M`$B`!7$."`3`0`2#@`,--ARP,F$#DXL8,VI\\B8``US9#ET8D.^*!@(7'O0K MAL"-`',(_EDA]*"D$)3/C!3B)U";!?]D5@@DX&"H9X$U`1!L<,!0"P8\-ATX MR$G$URUIAL0PF%K%P,ZLTG!UL$F%P`8)0+>XFV)A(E4`!C:4:7#A@(-PF*@, M$+'GP06I$!(46\`J2P!SI]@8Z##A"(3$.55U<)`6;H528AX<$2`W\P!A`9CEAP,00`@0VAU8)5`#4/O^$D4!# M!2#0`5'&/'#_@!\86!#),P)<2`0!(%#E`4D`9"`:6&/@,T08%PA1RFT#=))5 M"&Y!D5.)W!R`'2\!:(`$9@.1TP"2"R20`4.7M.2!&"-&,T8"Y70RE3(Y$5*$ M`_P!I\=DW`1P8"Y"#-`D`&J:J*88(EQ0GA`9#`#!&*!0M5X1#^1)E54(3F$E M*%-JIB9RF#W@05ES=/!D3M<5@4!ZKV`@5Z!E&6,C06I.=5Z3VXFWP&^\).`: M`+I0U69R5-S)@#`;<+K`1%;-684M[^TRP&I$&&!B3@;XXB<`*SZ15@!$+=2! MK!-=@FF+`C!A'Q&%;"<)`D,B41-523'0E`!?B0&!:X54L\&%:D[T_QUD#G0R MV1"^D!8*9^J`^Q8%X=P$(WI#?%?-LFS."L`E,KV8E7P"4,/+`]FRV1)5(TC@ MZ8-A7;4!+9=0@$$'A@J,P`*@J5(Q2W!=W(H?0LTV!`$-OY)!!1,9O%)(#_MB M+K,#,X<$5C,7DP8$UOX10`*-&2%5?TO8)=4!$TP;B$,#3!E6SPLP((7-`,06 ML+H+,&15SP)!``"IHR30\L`*'4`.EMB"8($%:S>`P(>`8&!`+&#WE`;6">!\ MB2*BY3U&!QC(*XD$#XQH1&`)(*!0%0)4\`"6AF_Q==ZX3'7!`M68L34`'\/* M$]BZ@3B*!;Q.D9#*5[R4P+##C$[UJ&-S#O\`P.GF'$`&I6".BPA!NW&`R91, M\*X;;_J^0(U8A]`QUX6'(/O,"Y#@2KN5OT&!"&%RD<%'F(LQ%=:X"WQ)!HLI M3WLO&YQ*"6>4:J%*^%-E#(#GN8<>0&>^S\;J&P;04/8"T2XW&&!Z/6$%^?S& M'`.`CW2'^!\@#$".X`&B`=VSW-2H-S[;.>]SW[&;]##7@0%R00H>Z,#9C).K M-:@$@AW\%P,UP#O!\8L2`UC*6V[GOBT,#8'+`\#F-!:KSX4.`PC$1@;;X(<# M?&*'H*N`]@1#/=HM\'-_B\_L5N@&"Y@*BF-[UAH\H(>56-%V&W@>`$*H`036 M2!!2(%"!P`B`"8C_$2F!"XD";5>^9C%'BV98*IGOB\ISYA9L(J-&4Q\6OG&NX"#@08]*`(3:A"%?J`?EXA1^04 MJ$2UT``N3O2B7!B!U3#*40.JL*,@'6@G`?BH*5#SGR4]@@'05P1N"`!,_SZ" M"UQ8:@0NC7,(A;."`=2I!90I[`T3^"45SN.6\P143?$#ER&\.;#\@),P:;IA M`$I(A8V],1#7A!T;U+3+(ZCI*`$+:"QZV":2&$``8,`8X83@G$.L[(8'_)41 M*DFV-30E=X!X4UV%<)X\&54O-RQ"`A*)FR%<(`1!@NH0D#H$HCS,"!NSJ!:& MMTTNJ*D0I&%L6`%K*R%,:9NHJXIBAU``J<9&8#7584<>L!M/+D`##XA`9=3D MU\`:04U%:\\"P#J%$FQ#"+:XZF)OF`$.V,6VX_RH&C0AE(;F<@$>R$`$Q/C5 MJ`:TM)T%@``BT-4CH,YKHR6"9I$8L]_V2K5K./]`WP**/'ZU,5L46$#1XGM4 MVQGA8U*&$8"G>5V`K<[E!\VJV`BE7285/F`5$5UX M61U(Y69;A%HA('.FNHC% M<+CA![ILH^I@0`3=;6=ITU+:J3@9N2=2*P`^$`9U;'BXS=2P]E&7):@B?A8:2;0*D=^-$<:4)P1 M$%$$?&G%$Z>IJGHCD`MVR14W>5#$KOX1%U&+6<%@-&5-IQ"`$:!;I39WJ!`^ MT!0,H$;C)@VIT(=.=(XB60M>6`(4<*D,`QQ@"8K(P`0.\#B'>",A`W@IU;T@ M_\\D@$D*22N``:3L$+XZH`(""``3'"`3M3^!(68R5DJ=P?5JV%2['PA`0LQT M@`(T[:7I8*L'[#:`OO_]Z9^1Y^-H+@")97TJ[*C``!0>1PRJC200()!4XM`6 MJB=`G@9!0`5FP;"M4Y6"=\-@@-9C%YG810,!\L8%E!"BQ#0T8LR0-ZI.<8$1 MH*$`]1D`"*"0$);%$6$-(GX!LHY6`4Q@)%4@0#4"D-]@1`(!9AP_!DH-2D(,`2'7$!R]:]G3$\A,K(GD7$``>$`F',023(!<\0W%P#2*/0@73P1<%LZ$!`M!S'C`"&ZD.UE:1-^5N3M,0!U@$#/%/ E'KD0#D$+$3511U=T,CF3-%F3-GF3.)F3.KF3/-F3/OD600``.S\_ ` end
-----END PRIVACY-ENHANCED MESSAGE-----