-----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, Wvll5uE7EVs0MfYDqesX1tRyWSpDmAp0ZniM03YKVvJR8UdL9uCFMvIxon0OIWO+ ++hiZ4R8vv6wi91p2pHdcQ== 0001047469-04-009056.txt : 20040324 0001047469-04-009056.hdr.sgml : 20040324 20040323180220 ACCESSION NUMBER: 0001047469-04-009056 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040319 ITEM INFORMATION: Changes in registrant's certifying accountant ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20040324 FILER: COMPANY DATA: COMPANY CONFORMED NAME: NBTY INC CENTRAL INDEX KEY: 0000070793 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 112228617 STATE OF INCORPORATION: DE FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-31788 FILM NUMBER: 04685768 BUSINESS ADDRESS: STREET 1: 90 ORVILLE DR CITY: BOHEMIA STATE: NY ZIP: 11716 BUSINESS PHONE: 5165679500 MAIL ADDRESS: STREET 1: 90 ORVILLE DRIVE CITY: BOHEMIA STATE: NY ZIP: 11716 FORMER COMPANY: FORMER CONFORMED NAME: NATURES BOUNTY INC DATE OF NAME CHANGE: 19920703 8-K 1 a2131958z8-k.htm 8-K
QuickLinks -- Click here to rapidly navigate through this document



UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 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): March 19, 2004

NBTY, INC.
(Exact name of registrant as specified in charter)

0-10666
(Commission file number)

DELAWARE
(State or other jurisdiction of
incorporation or organization)
  11-2228617
(I.R.S. Employer
Identification No.)

90 Orville Drive
Bohemia, New York

(Address of principal executive offices)

 

11716
(Zip Code)

(631) 567-9500
(Registrant's telephone number, including area code)




Item 4. Change in Registrant's Certifying Accountant


(a)
Previous independent accountants

(i)
Effective March 19, 2004, NBTY, Inc. (the "Registrant") dismissed PricewaterhouseCoopers LLP ("PwC") as its independent accountants.

(ii)
The reports of PwC on the Registrant's financial statements for the fiscal years ended September 30, 2002 and 2003 did not contain an adverse opinion or disclaimer of opinion and were not qualified or modified as to uncertainty, audit scope or accounting principles.

(iii)
The Audit Committee of the Board of Directors of the Registrant approved the decision to change independent accountants.

(iv)
During the fiscal years ended September 30, 2002 and 2003, and through March 19, 2004, there were no disagreements with PwC on any matter of accounting principles or practices, financial statement disclosure, or auditing scope or procedure which, if not resolved to the satisfaction of PwC, would have caused PwC to make reference to the subject matter of the disagreement(s) in its reports on the financial statements for such years.

(v)
During the fiscal years ended September 30, 2002 and 2003, and through March 19, 2004, there were no reportable events (as defined in Item 304 (a)(1)(v) of Regulation S-K).

(vi)
The Registrant has provided a copy of the foregoing disclosure to PwC and has requested PwC furnish the Registrant with a letter addressed to the Securities and Exchange Commission stating whether or not it agrees with the above statements. A copy of the letter from PwC dated March 23, 2004 is filed as Exhibit 16.1 to this Form 8-K.

(b)
New independent accountants

Effective March 19, 2004, the Registrant engaged Deloitte & Touche LLP ("Deloitte") as its new independent accountants. The Registrant has not consulted Deloitte during the fiscal years ending September 30, 2003 and 2002, or through March 19, 2004, with regard to either (i) the application of accounting principles to a specified transaction, either completed or proposed; or the type of audit opinion that might be rendered on the Registrant's financial statements; or (ii) any matter that was either the subject of a disagreement (as defined in Item 304 (a)(i)(iv) of Regulation S-K) or a reportable event (as defined in Item 304 (a)(1)(v) of Regulation S-K).

Item 7. Financial Statements and Exhibits

(c)
Exhibits

16.1
Letter from PricewaterhouseCoopers LLP to the Securities and Exchange Commission dated March 23, 2004.


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 hereunto duly authorized.

Dated: March 23, 2004

    NBTY, INC.

 

 

By:

 

/s/  
HARVEY KAMIL      
Harvey Kamil
President and Chief Financial Officer



QuickLinks

SIGNATURES
EX-16.1 3 a2131958zex-16_1.htm EXHIBIT 16.1

Exhibit 16.1

[Letterhead of PricewaterhouseCoopers LLP]

March 23, 2004

Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, D.C. 20549

Commissioners:

We have read the statements made by NBTY, Inc. (copy attached), which we understand will be filed with the Commission, pursuant to Item 4 of Form 8-K, as part of the Company's Form 8-K report dated March 19, 2004. We agree with the statements concerning our Firm in such Form 8-K.

Very truly yours,

PricewaterhouseCoopers LLP




-----END PRIVACY-ENHANCED MESSAGE-----