UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 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) September 25, 2020
cbdMD, Inc.
(Exact name of registrant as specified in its charter)
North Carolina | 001-38299 | 47-3414576 |
(State or other jurisdiction of incorporation or organization) | (Commission File Number) | (I.R.S. Employer Identification No.) |
8845 Red Oak Boulevard, Charlotte, NC | 28217 | |
(Address of principal executive offices) | (Zip Code) |
Registrant's telephone number, including area code: (704) 445-3060
________________________________
(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):
☐ 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(s) | Name of each exchange on which registered |
common | YCBD | NYSE American |
8.0% Series A Cumulative Convertible Preferred Stock | YCBD PR A | NYSE American |
Indicate by check mark whether the registrant is an emerging growth company as defined in 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 checkmark 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.
cbdMD, Inc. (the “Company”) recently determined the eCommerce platform underlying its online retail sales webpage, cbdmd.com, was modified by an unauthorized third-party to include malicious code. The malicious code created a risk that customer-input elements on the webpage may have been skimmed by an unauthorized third-party. The Company notified federal law enforcement and has been cooperating with their investigation. Although the Company cannot confirm that customer information was acquired, on or about September 28, 2020 the Company will begin providing notice of the incident to the customers who may be at risk and is offering to provide one year of identity monitoring without cost to them. The Company has implemented additional technical security measures designed to prevent similar incidents from occurring in the future.
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.
cbdMD, Inc. | ||
Date: September 25, 2020 | By: | /s/ Mark S. Elliott |
Mark S. Elliott, Chief Financial Officer and Chief Operating Officer |