UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
FORM
8-K
CURRENT
REPORT
Pursuant
to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date of
Report: December 16, 2009
(Date of
earliest event reported)
VITACOST.COM,
INC.
(Exact
name of registrant as specified in its charter)
|
Delaware
(State
or other jurisdiction of incorporation)
|
001-34468
(Commission
File No.)
|
37-1333024
(IRS
Employer Identification No.)
|
5400
Broken Sound Blvd. NW – Suite 500
Boca
Raton, Florida 33487-3521
(Address
of Principal Executive Offices)
(561)
982-4180
(Registrant’s
telephone number, including area code)
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 obligation of the registrant under any of the following
provisions (see General Instruction A.2. below):
|
£
|
Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
|
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£
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
|
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£
|
Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
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£
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
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Item 5.02
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Departure
of Directors or Certain Officers; Election of Directors; Appointment of
Certain Officers; Compensatory Arrangements of Certain
Officers
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Item 5.02(b)
Resignation
of Vice President, Manufacturing. On December 16, 2009,
Eigerwand Bjornstad, the Company’s Vice President, Manufacturing, resigned his
position as Vice President, Manufacturing, effective immediately.
Item
7.01 Regulation
FD Disclosure
On December 2, 2009, the Board of
Directors of the Company voted to appoint Mary L. Marbach, 43, to the position
of General Counsel of the Company. Prior to that date, Ms. Marbach
was employed by the Company as an Attorney.
Prior to
joining the Company, Ms. Marbach was Senior Transactional Counsel at Imperial
Finance and Trading, LLC in Boca Raton, Florida. Ms. Marbach was an
associate at Greenberg Traurig, LLP in its Corporate and Securities Group in
Boca Raton, Florida from 2002 through 2004. Prior to that, she was
an associate at Morrison & Foerster, LLP in its Corporate & Securities
Group in Palo Alto, California.
Ms.
Marbach has her B.S. from Syracuse University, her M.B.A. from University of
Miami, and her J.D. from Boston University School of Law. Ms. Marbach is a
member of the State Bar of California and the State Bar of Florida.
The
information under Item 7.01 in this Form 8-K is being furnished and shall not be
deemed “filed” for the purpose of Section 18 of the Securities Exchange Act of
1934, as amended, or otherwise subject to the liabilities of that Section. The
information under Item 7.01 in this Form 8-K shall not be incorporated by
reference into any registration statement or other document pursuant to the
Securities Act of 1933, as amended.
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.
Dated: December
16, 2009
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VITACOST.COM,
INC.
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By:
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/s/ Richard P. Smith | |
| Name: Richard P. Smith | |||
| Title: Chief Financial Officer | |||