Thu, May 14, 8:03 PM
- The U.S. District Court for the Central District of California grants final approval of the $15M class action settlement in the matter of Dana Bostick v. Herbalife International of America (Case # CV 13-02488-BRO). Plaintiffs lawyers, anticipating a bigger payday from a hoped-for increase in the award, are, no doubt, returning their champagne to the cellar.
- Previously: Herbalife class-action settlement hearing to tap for Monday (May 7)
Thu, May 7, 11:42 AM
- The hearing to finalize Herbalife's (HLF +1.1%) $15M settlement of a class-action lawsuit brought by a former salesperson is scheduled for Monday. The suit, from former distributor Dana Bostick, accused the company of running a pyramid scheme. It may be a lively affair. Ad watchdog truthinadvertising.org filed a brief with the court in March opposing the settlement, saying at least $100M is necessary to fairly compensate the class. Also filing a formal objection to the modest settlement is a group of former distributors organized by the League of United Latin American Citizens.
- Previously: Consumer advocacy group takes exception to proposed Herbalife class-action settlement (March 17)
- Previously: Former distributors reject Herbalife proposed settlement (Feb. 17)
Wed, May 6, 12:45 PM
Wed, May 6, 9:11 AM
Tue, May 5, 5:37 PM
Tue, May 5, 4:43 PM
- Herbalife (NYSE:HLF) Q1 results ($M): Global Net Sales: 1,105.4 (-12.5%), COGS: 215.4 (-14.3%); Royalty Overrides: 323.0 (-15.4%); Net Income: 78.2 (+4.8%); GAAP EPS: 0.92 (+24.3%); Quick Assets: 715.5 (-43.3%); CF Ops: 161.1 (-15.5%).
- Sales by Region: North America: 226.7 (-8.6%); Asia Pacific: 242.8 (-13.4%); EMEA: 186.4 (-11.7%); China: 164.2 (+20.8%); South/Central America: 161.7 (-33.9%); Mexico: 123.6 (-13.4%).
- Volume Points (M): North America: 297.8 (-11.5%); Asia Pacific: 265.9 (-12.0%); EMEA: 228.4 (+13.0%); South/Central America: 210.5 (-7.6%); Mexico: 203.4 (-7.6%); China: 113.7 (+24.8%).
- 2015 Guidance: Volume Point Growth: (4.0 - 1.0%) from (4.5 - 1.5%); Net Sales Growth: (9.5 - 6.5%) from (9.0 - 6.0%); Non-GAAP EPS: $4.30 - 4.60 from $4.10 - 4.50; CF Ops: $320M - 330M from $310M - 320M.
- Q2 Guidance: Volume Point Growth: (7.5 - 4.5%); Net Sales Growth: (13.5 - 10.5%); Non-GAAP EPS: (1.05 - 1.15).
- Shares are up 16% after hours on robust volume.
Tue, May 5, 4:26 PM
Mon, May 4, 5:35 PM
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Mon, May 4, 5:02 PM
Mon, Apr. 6, 9:19 AM
- Herbalife (NYSE:HLF) eases 5% premarket on average volume in response to the news that federal law enforcement agencies have queried ~10 members of the company's top-level distributors about their business practices. The specifics of the interviews or the identities of the individuals are not known at this point. According the company, it has offered legal counsel to those involved.
- The company is under scrutiny for its marketing practices from various law enforcement groups. Short seller Pershing Square maintains that it operates an illegal pyramid scheme.
Mon, Apr. 6, 9:18 AM
Mon, Apr. 6, 4:52 AM
- U.S. federal law enforcement agencies contacted about 10 Herbalife (NYSE:HLF) members last week for information about their own business practices. HLF said it is cooperating with requests for information, and "remains confident in the integrity of our business practices." HLF is offering members assistance with legal counsel.
- Separately, Herbalife also received inquiries recently about irregular trading in its stock as part of a broader investigation into possible market manipulation. In a statement, HLF said the investigation is focused on Bill Ackman's "nearly three-year effort to drive down HLF's stock," adding, "We are cooperating with these requests for information, remain confident in the integrity of our business practices, and are hopeful Ackman's long-term campaign of distortion will be found to be illegal."
- Also Sunday, Bill Stiritz, HLF's fifth-largest shareholder (8.2%), said he has no plans to sell his stake - deflating speculation after an April 3 SEC filing disclosed a change in his investor status from active to passive. “As I sit right now, I couldn’t be happier with my investment in Herbalife,” Stiritz said Sunday. Stiritz said the filing was intended to accurately reflect his dealings with Herbalife, which he expects won’t be shut down by regulators as predicted by Ackman. "People that are long in the stock are looking at the impact of the FTC case closure,” he said. “Herbalife will likely get little if any fine.” Herbalife shares and sales will rebound once the FTC investigation ends, he added.
Tue, Mar. 31, 1:42 PM
- Even after his big win with Allergan, Bill Ackman's Pershing Square maintains significant exposure (~50%) to the healthcare sector. In a recent regulatory filing, Pershing disclosed a 19.5M share stake in Valeant Pharmaceuticals (VRX -0.2%) valued at ~$3.83B, making it the largest position in its equity portfolio. It also has a 41.8M share stake in Zoetis (ZTS -0.2%) valued at almost $2B.
- In case you were wondering, Pershing is also maintaining its short position in Herbalife (HLF -0.9%).
Tue, Mar. 31, 2:37 AM
- Shutting Herbalife (NYSE:HLF) is "one of the most important things" I can do, declared Bill Ackman yesterday at the Council of Institutional Investors' in Washington.
- Ackman noted that when he first bet against Herbalife, he had not anticipated that Carl Icahn would come in and take a long view on the company.
- Had Icahn not shown up, Ackman said, the whole thing would be over in a few months and Herbalife's alleged pyramid scheme would have collapsed.
- HLF shares are up over 13% for the year.
Tue, Mar. 24, 7:28 AM
- Herbalife (NYSE:HLF), already up over 19% this year, plans to add to its momentum with a seven-figure image-building advertising campaign that will begin as early as this week. FOX Business Network's Charlie Gasparino says the campaign will include print, TV, radio and online ads, with an initial focus on the Los Angeles and Miami markets. The company has supposedly purchased ad slots during the NCAA basketball tournament as well.
- The company's uptrend this year, +63% from the low of $27.60 on January 7, has given management a long-awaited respite from the pressure of short seller Pershing Square.
Tue, Mar. 17, 6:54 PM
- California federal judge Dale Fischer has thrown out a shareholder class-action suit accusing Herbalife (NYSE:HLF) of running a pyramid scheme, arguing there was no evidence the company had made disclosures to investors that caused its shares to fall.
- Fischer rejected the plaintiffs' argument that a Dec. 2012 presentation from Bill Ackman's Pershing Square Capital calling Herbalife a pyramid scheme was a corrective disclosure. "The [amended complaint] and plaintiffs’ related arguments are insufficient to compel the conclusion that the Pershing presentation was based on previously unavailable information or that the information could not be understood absent expert analysis."
- "What I heard from plaintiff counsel was 'Ackman, Ackman, Ackman'," said Herbalife attorney Jonathan Dickey at a hearing earlier in March. He argued the plaintiffs, who also alleged Herbalife published false financial statements and hid attempts to pressure members to buy more products from distributors, "slavishly copied from the Ackman accusations."
- Herbalife has risen to $36.24 AH.
- Earlier: Consumer group protests Herbalife's $17M distributor class-action settlement
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