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: September 30, 2008
Synergy Brands, Inc.
(Exact name of registrant as specified in its charter)
Delaware 0-19409 22-2993066
(State of incorporation) (Commission File No.) (IRS Employer
Identification No.)
223 UNDERHILL BLVD., SYOSSET, NY 11791
(Address of principal executive offices) (zip code)
Registrant's telephone number, including area code: 1-516-714-8200
Not Applicable
(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 obligations 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 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))
Item 3.01. Notice of Delisting or Failure to Satisfy a Continued Listing Rule or
Standard.
The Registrant received from Counsel to the Nasdaq Hearings Panel of the
NASDAQ Stock Market a notice dated September 30, 2008 informing the Registrant
that effective October 2, 2008 the Nasdaq Hearings Panel has determined to
delist the shares of Synergy Brands Inc. from the Nasdaq Stock Market and that
the Registrant's shares will be suspended from trading on such market effective
that date because the Registrant's common stock has closed below the minimum
$1.00 per share Nasdaq requirement for continued inclusion of such securities
for listing to trade on the NASDAQ Stock Market under Marketplace Rule 4310
(c)(4). A listing of the Registrant as currently non-complaint and reasons
therefore is to be posted on the NASDAQ website at www.nasdaq.com. The
Registrant currently has decided not to furhter appeal such decsion and is
contemplating and arranging for participation in available alterative public
marketing as is available. A copy of the relevant press release published by the
Registrant is attached as an exhibit hereto.
SIGNATURES
Pursuant to the requirements of the Securities and Exchange Act of 1934, the
Registrant has duly caused this report to be signed on its behalf by the
undersigned thereunto duly authorized.
Synergy Brands, Inc.
By: /s/ Mair Faibish
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Mair Faibish
Chairman of the Board
By: /s/ Mitchell Gerstein
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Mitchell Gerstein
Chief Financial Officer
Dated: October 2, 2008
Exhibits:
Exhibit 99 - Press Release dated October 1, 2008.