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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): August 16, 2002
ROYAL BODYCARE, INC.
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(Exact name of registrant as specified in its chapter)
NEVADA 33-20323 91-20151
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(State or other jurisdiction (Commission (IRS Employer
of incorporation File Number) Identification No.)
2301 CROWN COURT, IRVING, TEXAS 75083
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(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code 972-893-4000
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N/A
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(Former name or former address, if changed since last report)
ITEM 5. OTHER EVENTS AND REGULATION FD DISCLOSURE.
As described in our Form 10-Q for the quarter ended June 30, 2002, we filed suit
on May 29, 2002 against a former supplier and member of our Board of Directors,
and certain others ("Defendants") requesting injunctive and monetary relief and
alleging, amongst other causes of action, breach of contract, conspiracy, fraud,
breach of fiduciary duty, disparagement, tortuous interference and unlawful
restraint of trade. In our petition, we are seeking actual damages of
$10,000,000, exemplary damages of $30,000,000 and statutory damages of
$30,000,000. On July 26, 2002, the Court granted an Agreed Injunction that
enjoined the Defendants and other parties acting in concert with them from,
among other things, refusing to sell certain raw materials to us and disparaging
Royal BodyCare, Inc. and its officers, directors, employees or its products.
In connection with this suit, on August 16, 2002, the Defendants filed a counter
claim against us alleging, amongst other causes of action, unfair competition,
breach of contract and conspiracy. In this counter claim, the Defendants are
seeking actual damages of $15,000,000 and punitive damages of $45,000,000. We
believe that the Defendants claims are false and without merit and we intend to
vigorously defend ourselves against such claims. However, discovery has not yet
been conducted, final trial on the merits is not set until September 15, 2003,
and there are inherent uncertainties in any litigation. The Defendant's counter
claim in its entirety is attached to this Form 8-K as Exhibit 1 and is
incorporated herein by reference.
The statements, other than statements of historical facts included in this
report are forward-looking statements. These forward-looking statements are
intended to be subject to the safe harbor protections provided by the Safe
Harbor Acts (Section 27A of the Securities Act of 1933 and Section 21E of the
Securities and Exchange Act of 1934). Actual results may differ materially from
those projected in these forward-looking statements. Factors that could affect
these forward looking statements include the status of our product lines, the
inherent uncertainties of litigation, the continued availability and supply of
silica hydride, and the actual calculation of damages in litigation. Royal
BodyCare, Inc. assumes no obligation to update any forward-looking information
contained in this report, or the exhibits hereto. These statements also involve
risks and uncertainties described from time to time in our filings with the SEC
such as our recent Forms 10-Q and 10-K.
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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.
ROYAL BODYCARE, INC.
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(Registrant)
Date: August 30, 2002
---------------------- /s/ STEVE BROWN
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(Signature)*
Name and Title: Steve Brown, Chief Financial Officer
-3-
EXHIBIT INDEX
<Table>
<Caption>
EXHIBIT NUMBER DESCRIPTION
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*1 Defendants Original Counter Claim
</Table>
*Filed herewith