Law office of Brodsky & Smith, LLC announces that it is investigating potential claims against the Board of Directors of NBTY, Inc. (“NBTY” or the “Company”) (NYSE:NTY) relating to the proposed acquisition by The Carlyle Group, a private equity firm.

Under the terms of the agreement, NBTY shareholders would receive cash of $55.55 for each share of NBTY stock they own. The investigation concerns possible breaches of fiduciary duty and other violations of state law. The transaction appears to be unfair, in part, given that NBTY stock was trading at $50.51 a share as recently as April 15, 2010 and was trading at $50.26 a share on March 10, 2010.

If you own shares of NBTY and wish to discuss the legal ramifications of the proposed transaction, or have any questions, you may e-mail or call the law office of Brodsky & Smith, LLC who will, without obligation or cost to you, attempt to answer your questions. You may contact Jason L. Brodsky, Esquire or Evan J. Smith, Esquire at Brodsky & Smith, LLC, Two Bala Plaza, Suite 602, Bala Cynwyd, PA 19004, by e-mail at investorrelations@brodsky-smith.com, or by calling toll free 877-LEGAL-90.

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