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): July 25, 2003 NBTY, INC. - --------------------------------------------------------------------------- (Exact name of registrant as specified in charter) DELAWARE 0-10666 11-2228617 - ---------------------------- ----------- ---------------------- (State or other jurisdiction (Commission (IRS Employer of incorporation) File No.) identification number) 90 Orville Drive, Bohemia, New York 11716 - --------------------------------------------------------------------------- (Address of principal executive office and zip code) Registrant's telephone number, including area code (631) 567-9500 Item 5. OTHER EVENTS - -------------------- A copy of the press release issued by the Registrant on July 25, 2003 announcing its acquisition of Rexall Sundown, Inc. and related financing, is attached as Exhibit 99.1 to this Current Report on Form 8-K and is incorporated herein by reference. ITEM 7. EXHIBITS - ----------------- (c) Exhibits. 99.1 Press release issued by NBTY, Inc. dated July 25, 2003 SIGNATURE Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. NBTY, INC. By: /s/ Harvey Kamil -------------------------------- Harvey Kamil President and Chief Financial Officer Dated: July 28, 2003