8-K 1 v139325_8-k.htm
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): February 5, 2009

 
NUTRITION 21, INC.
(Exact name of registrant as specified in its charter)
 
New York
0-14983
11-2653613
(State or Other Jurisdiction of Incorporation)
(Commission file Number)
(IRS Employer Identification No.)

 
4 Manhattanville Road, Purchase, New York
10577
 (Address of Principal Executive Offices)
(Zip Code)

 
Registrant's telephone number, including area code: (914) 701-4500
 

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:
 
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 (17 CFR 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 February 5, 2009, Nutrition 21, Inc. issued a press release announcing its financial results for the fiscal quarter ended December 31, 2008.  A copy of the press release is furnished as Exhibit 99.1 to this report.
 
In accordance with General Instruction B.2 of Form 8-K, the information in this Current Report on Form 8-K, including Exhibit 99.1, shall not be deemed to be “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liability of that section, and shall not be incorporated by reference into any registration statement or other document filed 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 9.01   Financial Statements and Exhibits

(d)  Exhibits:

99.1  Press release, dated February 5, 2009, issued by Nutrition 21, Inc.
 
 
 
 
 
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 hereto duly authorized.

 
 
Nutrition 21, Inc.
  
 
(Registrant)
  
     
Date: February 9, 2009
 By:
/s/ Michael A. Zeher
  
 
Michael A. Zeher
  
 
President & Chief Executive Officer
  





 
 
 
 
INDEX TO EXHIBITS


Exhibit No.
Description
   
99.1
Press release dated February 5, 2009, issued by Nutrition 21, Inc.