EXHIBIT 5.1

                      OPINION OF IRENE B. FISHER, ESQ.


                             August 15, 2003


NBTY, Inc.
90 Orville Drive
Bohemia, NY 11716

      Re:  Registration Statement on Form S-8 relating to 1,500,000
           Shares of Common Stock, Par Value $.008 per Share, of NBTY,
           Inc. Issuable under the NBTY, Inc. Year 2002 Stock Option Plan
           --------------------------------------------------------------

Ladies and Gentlemen:

I am acting as counsel to NBTY, Inc., a Delaware corporation (the
"Company"), in connection with the filing by the Company with the
Securities and Exchange Commission pursuant to the Securities Act of 1933,
as amended (the "Securities Act"), of a registration statement on Form S-8
(the "Registration Statement") relating to 1,500,000 shares (the "Shares")
of the Company's common stock, par value $.008 per share (the "Common
Stock"), issuable upon the exercise of options granted, as well as stock
options to be granted, pursuant to the Company's NBTY, Inc. Year 2002 Stock
Option Plan (the "Plan").

I have examined and am familiar with originals or copies, certified or
otherwise identified to my satisfaction, of the Certificate of
Incorporation and By-Laws of the Company, as each is in effect on the date
hereof, the Registration Statement, the Plan, resolutions of the Board of
Directors of the Company relating to the adoption of and amendments to the
Plan and the proposed registration and issuance of the shares and such
other corporate documents and records and other certificates, and I have
made such investigations of laws as I have deemed necessary or appropriate
in order to render the opinions hereinafter set forth.

In my examination, I have assumed the genuineness of all signatures, the
legal capacity of all natural persons, the authenticity of all documents
submitted to us as originals, the conformity to original documents of all
documents submitted to us as certified or photostatic copies and the
authenticity of the originals of such latter documents. As to any facts
material to the opinions expressed herein which were not independently
established or verified, I have relied upon statements and representations
of officers and other representatives of the Company and others.

Based upon and subject to the foregoing, I am of the opinion that the
Shares to be issued upon exercise of any options duly granted pursuant to
the terms of the Plan have been duly and validly authorized and, when the
Shares have been paid for in accordance with the terms of the Plan and
certificates therefore have been duly executed and delivered, such Shares
will be duly and validly issued, fully paid and non-assessable.

I hereby consent to the filing of this opinion as an exhibit to the
Registration Statement and to the reference in the Registration Statement
to me under the heading "Interests of Named Experts and Counsel." In giving
this consent, I do not hereby admit that I am within the category of
persons whose consent is required under Section 7 of the Securities Act, or
the rules and regulations of the Securities and Exchange Commission
thereunder.

                                       Very truly yours,

                                       /s/ Irene B. Fisher

                                       Irene B. Fisher