Herbalife Nears Resolution of FTC Probe
May 05 2016 - 8:20PM
Dow Jones News
Herbalife Ltd. said it was nearing a resolution to a regulatory
investigation into whether the company was operating as a pyramid
scheme.
The nutritional-supplement maker said in a statement that it had
progressed to an "advance stage" in talks with the Federal Trade
Commission and that, while litigation remained a possibility, a
settlement would include an estimated payment of $200 million.
Shares, up 44.6% over the past year, rose 12% to $65.32 in
after-hours trading. Herbalife's comments about a possible
settlement came as the company reported better-than-expected
first-quarter results and raised its guidance for the year.
The FTC opened an investigation into Herbalife in 2014 as the
company was battling comments from hedge-fund manager William
Ackman. Beginning in 2012, Mr. Ackman publicly accused the direct
marketer of being a pyramid scheme, the salespeople of which rely
more on signing up new recruits than selling product.
Mr. Ackman repeatedly called for a probe by the FTC, and his
firm, Pershing Square Capital Management LP, bet about $1 billion
that the company's shares would fall.
Founded in 1980, Herbalife, based in the Cayman Islands, sells
protein shakes, snacks and other weight-management products along
with other dietary and nutritional supplements.
For the first quarter, Herbalife reported a profit of $95.8
million, or $1.12 a share, compared with $78.2 million, or 92 cents
a share, a year earlier. Excluding certain items, adjusted profit
climbed to $1.36 a share from $1.29 a year earlier.
Sales rose 1.3% to $1.12 billion. Excluding the impact of
currency, sales grew 11%.
Analysts surveyed by Thomson Reuters had projected adjusted
profit of $1.09 a share on $1.07 billion in revenue.
Sales in North America jumped 9%, offsetting a 21% decline in
South and Central America, with troubled Venezuela in particular
dragging on results.
Herbalife also raised guidance for the year. It now sees
adjusted per-share earnings between $4.40 and $4.75, up from its
previous view of $4.05 and $4.50, with sales climbing between 1.5%
to 4.5%, above its earlier guidance for sales rising up to
2.5%.
For the second quarter, Herbalife sees adjusted per-share
earnings between $1.10 and $1.20 and sales rising up to 3%.
Herbalife said the guidance excludes the effect of any legal
settlement.
Analysts, on average, were expecting adjusted per-share earnings
of $1.16 in the second quarter and $4.65 for the year, and sales
rising 2% in the second quarter and 3% for the year, according to
Thomson Reuters.
Write to Ezequiel Minaya at ezequiel.minaya@wsj.com
(END) Dow Jones Newswires
May 05, 2016 20:05 ET (00:05 GMT)
Copyright (c) 2016 Dow Jones & Company, Inc.
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