Appellate Court Squares Playing Field For Energy Beverages... National Beverage Announces Win for the Industry.FORT LAUDERDALE Fort Lauderdale (lô`dərdāl), residential, commercial, and resort city (1990 pop. 149,377), seat of Broward co., SE Fla., on the Atlantic coast; settled around a fort built (c.1837) in the Seminole War, inc. 1911. , Fla. -- National Beverage National Beverage Corp. is a U.S. beverage developer, manufacturer, and distributor based in Fort Lauderdale, Florida. [2] Formed in 1985 to acquire Shasta, National Beverage Corp. is ranked by Beverage Digest as the fifth-largest soft drink company in the United States. Corp. (NASDAQ NASDAQ in full National Association of Securities Dealers Automated Quotations U.S. market for over-the-counter securities. Established in 1971 by the National Association of Securities Dealers (NASD), NASDAQ is an automated quotation system that reports on :FIZZ) confirmed today that the Ninth Circuit United States Court of Appeals The United States courts of appeals (or circuit courts) are the intermediate appellate courts of the United States federal court system. A court of appeals decides appeals from the district courts within its federal judicial circuit, and in some instances from other quashed a lower court decision used by Hansen Beverage Company Hansen Beverage Company is a subsidirary of Hansen Natural Corporation (NASDAQ: HANS) that manufactures natural soft drinks and fruit drinks including Hansen's Natural Soda, Hansen's Energy, and Blue Sky. to try and control competition in the burgeoning energy drink business. The Ninth Circuit reversed an injunction entered last October that had blocked National from selling its product...FREEK. Although National Beverage redesigned its container and has been selling the newly-designed FREEK - the lower court's decision 'stopped' the most dynamic product launch over the past several decades! A copy of the Ninth Circuit decision is attached. "The costs, both tangible and intangible, were excessive, but National had no choice but to fight for industry principles. Hansen's despicable attempt to bully the market and terrorize ter·ror·ize tr.v. ter·ror·ized, ter·ror·iz·ing, ter·ror·iz·es 1. To fill or overpower with terror; terrify. 2. To coerce by intimidation or fear. See Synonyms at frighten. beverage distributors created a militant environment - that certainly caught the eye of the Appellate Court A court having jurisdiction to review decisions of a trial-level or other lower court. An unsuccessful party in a lawsuit must file an appeal with an appellate court in order to have the decision reviewed. and its process!" stated National Beverage's Chairman and Chief Executive Officer, Nick A. Caporella. "We are very pleased that the Ninth Circuit has attested - to the law...and that competition in the energy drink business will succeed on its product's merits. Hansen's abusive attempt to claim vibrant colors and a black can for its exclusive use - just could not stand," continued Caporella. "As Americans, we have witnessed much about democracy over these recent times. Well...this case most dynamically emphasizes the profoundness of our democracy - its legal system," Caporella concluded. Standing with Caporella, a Company spokesperson offered: "Now, everyone will be able to know why, given the choice...Monster consumers prefer the taste of FREEK over and over," she excitingly exclaimed!! National Beverage is highly innovative, making it unique as a pace-setter in the changing soft-drink industry. Its lineup of refreshment products consisting of - Energy Drinks and Fortified fortified (fôrt  ´fīd),adj containing additives more potent than the principal ingredient. Powders, Vitamin Enhanced juices and waters, and new-to-come beverage supplements are geared toward the lifestyle/health-conscious consumer. Shasta[R] - Faygo[R] - Everfresh[R] and LaCroix[R] are aligned with Rip It[R] and FREEK[TM] energy products to make National Beverage...America's Flavor*Favorite - soft-drink company. Fun, Flavor and Vitality...the National Beverage Way Note: This press release includes forward-looking statements within the meaning of the Private Securities Litigation Reform Act The Private Securities Litigation Reform Act of 1995 (PSLRA) implemented several significant substantive changes affecting certain cases brought under the federal securities laws, including changes related to pleading, discovery, liability, class representation and awards fees and of 1995. Such forward-looking statements involve known and unknown risks, uncertainties and other factors which may cause actual results, performance or achievements of the Company to be materially different from any future results, performance or achievements expressed or implied by such forward-looking statements. Such factors include fluctuations in costs, changes in consumer preferences and other items and risk factors described in the Company's Securities and Exchange Commission filings and the Company disclaims an obligation to update any such factors or to publicly announce the results of any revisions to any forward-looking statements contained herein to reflect future events or developments. |
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