Law Offices of Howard G. Smith announces that it is investigating potential claims against the board of directors of NBTY, Inc. (“NBTY” or the “Company”) (NYSE:NTY), a manufacturer of nutritional supplements, related to the Company’s agreement to be acquired by The Carlyle Group. The proposed cash transaction is valued at approximately $3.8 billion.

Under the terms of the definitive merger agreement entered into by the parties, The Carlyle Group will acquire all of the outstanding common shares of NBTY for $55.00 per share in cash. The Company’s shares traded as high as $51.00 per share as recently as April 15, 2010. The transaction is expected to close by the end of 2010. The investigation concerns possible breaches of fiduciary duty and other violations of law related to approval of the proposed transaction by NBTY’s board of directors.

If you own shares of NBTY, if you have information or would like to learn more about these claims, or if you wish to discuss these matters or have any questions concerning this announcement or your rights or interests with respect to these matters, please contact Howard G. Smith, Esquire, of Law Offices of Howard G. Smith, 3070 Bristol Pike, Suite 112, Bensalem, Pennsylvania 19020 by telephone at (215) 638-4847, Toll Free at (888) 638-4847, or by email to, or visit our website at .

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