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): April 23, 2003 NBTY, INC. (Exact name of registrant as specified in charter) 0-10666 (Commission file number) DELAWARE 11-2228617 (State or other jurisdiction of (I.R.S. Employer incorporation or organization) Identification No.) 90 Orville Drive 11716 Bohemia, New York (Zip Code) (Address of principal executive offices) (631) 567-9500 (Registrant's telephone number, including area code) ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS (c) Exhibits. 99.1 Press release issued by NBTY, Inc. dated April 23, 2003 ITEM 9. REGULATION FD DISCLOSURE This information, furnished under this "Item 9. Regulation FD Disclosure," is also being furnished under "Item 12. Disclosure of Results of Operations and Financial Condition" in accordance with SEC Release Nos. 33-8216 and 34-47583. This Form 8-K and the attached Exhibit are furnished to comply with Item 9 and Item 12 of Form 8-K. Neither this Form 8-K nor the attached Exhibit are to be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, nor shall either of them be deemed incorporated by reference in any filing under the Securities Act of 1933 (except as shall be expressly set forth by specific reference in such filing). On April 23, 2003, NBTY, Inc. issued a press release announcing its fiscal second quarter earnings results. A copy of the press release, including financial statements, is attached as Exhibit 99.1. 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. Dated: April 24, 2003 NBTY, INC. By: /s/ Harvey Kamil -------------------------------- Harvey Kamil President and Chief Financial Officer