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): November 4, 2022
BARFRESH FOOD GROUP INC.
(Exact name of registrant as specified in its charter)
| Delaware | | 001-41228 | | 27-1994406 |
(State or other jurisdiction of incorporation) | | (Commission File Number) | | (IRS Employer Identification No.) |
3600 Wilshire Boulevard Suite 1720, Los Angeles, California 90010
(Address of principal executive offices)
Registrant’s telephone number, including area code: (310) 598-7113
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:
| ☐ | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
| | |
| ☐ | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
| | |
| ☐ | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
| | |
| ☐ | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
Securities registered pursuant to Section 12(b) of the Act:
| Title of each class | | Trading Symbol | | Name of each exchange on which registered |
| Common Stock, $0.000001 par value | | BRFH | | The Nasdaq Stock Market LLC |
Securities registered pursuant to Section 12(g) of the Act: None
Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
Emerging growth company ☒
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act.
Item 8.01 Other Events.
On November 4, 2022, the registrant received notification from Schreiber Foods, Inc. (“Schreiber”) that it was denying any responsibility for the defective manufacture of certain of the registrant’s products. The registrant has been experiencing performance and quality issues with products manufactured by Schreiber under the supply agreement and has been trying to resolve the problems with Schreiber.
In response to Schreiber’s denial of any liability, on November 10, 2022, the registrant filed a complaint in the United States District Court for the Central District of California, Western Division, against Schreiber claiming a breach of the supply agreement and seeking economic damages.
On November 10, 2022, the registrant issued an update on recent business developments in conjunction with the results of operations for the third quarter ended September 30, 2022. The conference call discussing these results took place on Thursday, November 10, 2022, at 1:30 pm Pacific Time (4:30 pm Eastern Time).
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits.
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 duly authorized.
| | Barfresh Food Group Inc., |
| | a Delaware corporation |
| | (Registrant) |
| | | |
| Date: November 10, 2022 | | /s/ Riccardo Delle Coste |
| | By: | Riccardo Delle Coste |
| | Its: | CEO |
