8-K

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): July 10, 2009

NBTY, INC.

 (Exact Name of Registrant as Specified in Charter)

DELAWARE	001-31788	11-2228617
(State or Other Jurisdiction of Incorporation)	(Commission File Number)	(IRS Employer Identification No.)
2100 Smithtown Avenue
Ronkonkoma, New York		11779
(Address of Principal Executive Offices)		(Zip Code)

(631) 567-9500

(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):

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

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

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

o  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 July 10, 2009, NBTY, Inc. issued a press release announcing preliminary unaudited results for the fiscal third quarter and the nine months ended  June 30, 2009.  A copy of the press release is attached as Exhibit 99.1.

ITEM 9.01             FINANCIAL STATEMENTS AND EXHIBITS

(d)  Exhibits.

99.1 Press release issued by NBTY, Inc., dated July 10, 2009, reporting preliminary unaudited results for the fiscal third quarter and the nine months ended June 30, 2009.

This Form 8-K and the attached Exhibit are furnished to comply with Item 2.02 and Item 9.01 of Form 8-K.  Neither this Form 8-K nor the attached Exhibit are to be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, nor shall this Form 8-K nor the attached Exhibit be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended (except as shall be expressly set forth by specific reference in such filing).

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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: July 10, 2009
	NBTY, INC.
	By:	/s/ Harvey Kamil
		Harvey Kamil
		President and Chief Financial Officer

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EX-99.1

Exhibit 99.1

FOR IMMEDIATE RELEASE

Contact:	Harvey Kamil	Carl Hymans
	NBTY, Inc.	G.S. Schwartz & Co.
	President & Chief Financial Officer	212-725-4500
	631-200-2020	carlh@schwartz.com

NBTY TO WEBCAST PRESENTATION AT OPPENHEIMER 9TH ANNUAL CONSUMER, GAMING, LODGING & LEISURE CONFERENCE

-ANNOUNCES FISCAL THIRD QUARTER PRELIMINARY UNAUDITED

NET SALES RESULTS-

RONKONKOMA, N.Y. – July 10, 2009 - NBTY, Inc. (NYSE: NTY) (www.NBTY.com), a leading global manufacturer and marketer of nutritional supplements, today announced that it will web cast the presentation by Harvey Kamil, President and Chief Financial Officer of NBTY, at the Oppenheimer 9th Annual Consumer, Gaming, Lodging & Leisure Conference in Boston on Tuesday, July 14, 2009.

The presentation is scheduled to be web cast live on the Company Web site, www.nbty.com, on Tuesday, July 14, 2009 at 3:45PM Eastern Time.

NBTY’s preliminary unaudited net sales results for the fiscal third quarter and the nine months ended June 30, 2009 by segment are as follows:

NET SALES

(Preliminary and Unaudited)

FOR THE FISCAL THIRD QUARTER ENDED JUNE 30

($ In Millions)

	2009		2008		% Change
Wholesale / US Nutrition	$	397	$	284	40	%
North American Retail	$	51	$	50	2	%
European Retail	$	151	$	146	4	%
Direct Response/ E-commerce	$	53	$	55	-4	%
Total	$	653	$	535	22	%

Leiner Health Products, acquired in July 2008, has been fully integrated into Wholesale / US Nutrition net sales.  North American Retail same store sales increased 1% for the third fiscal quarter, compared to the prior like period.  European Retail net sales for the third fiscal quarter include $27 million from Julian Graves, which NBTY acquired in September 2008.  Excluding Julian Graves sales, European Retail net sales increased 9% in local currency (British Pound Sterling), and decreased 15% in US dollars for the third fiscal quarter, compared to the prior like quarter.

NET SALES

(Preliminary and Unaudited)

FOR THE NINE MONTHS ENDED JUNE 30

($ In Millions)

	2009		2008		% Change
Wholesale / US Nutrition	$	1,154	$	802	44	%
North American Retail	$	152	$	159	-4	%
European Retail	$	442	$	462	-4	%
Direct Response/ E-commerce	$	161	$	155	4	%
Total	$	1,909	$	1,578	21	%

Leiner Health Products, acquired in July 2008, has been fully integrated into Wholesale / US Nutrition net sales.  North American Retail same store sales decreased 3% for the nine months ended June 30, 2009, compared to the prior like period.  European Retail net sales for the nine months ended June 30, 2009 include $85 million from Julian Graves, which NBTY acquired in September 2008.  Excluding Julian Graves sales, European Retail net sales remained unchanged in local currency (British Pound Sterling), and decreased 23% in US dollars for the nine months ended June 30, 2009, compared to the nine months ended June 30, 2008.

ABOUT NBTY

NBTY is a leading global vertically integrated manufacturer, marketer and distributor of a broad line of high-quality, value-priced nutritional supplements in the United States and throughout the world. Under a number of NBTY and third party brands, the Company offers over 22,000 products, including products marketed by the Company’s Nature’s Bounty® (www.NaturesBounty.com), Vitamin World® www.VitaminWorld.com), Puritan’s Pride® (www.Puritan.com), Holland & Barrett® (www.HollandAndBarrett.com), Rexall® (www.Rexall.com), Sundown® (www.SundownNutrition.com), MET-Rx® (www.MetRX.com), Worldwide Sport Nutrition® (www.SportNutrition.com), American Health® (www.AmericanHealthUS.com), GNC (UK)® (www.GNC.co.uk), DeTuinen® (www.DeTuinen.nl), LeNaturiste™ (www.LeNaturiste.com), SISU® (www.SISU.com), Solgar® (www.Solgar.com), Good ‘n’ Natural® (www.goodnnatural.com), Home Health™ (www.homehealthus.com), Julian Graves, and Ester-C® (www.Ester-C.com) brands.  NBTY routinely posts information that may be important to investors on its web site.