Attached files

file filename
EX-99.2 - HEALTHIER CHOICES MANAGEMENT CORP COMPLAINT FOR PATENT INFRINGEMENT - Healthier Choices Management Corp.exhibit99-2.htm
   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 (Date of earliest event reported): November 30, 2020
 
HEALTHIER CHOICES MANAGEMENT CORP.
(Exact name of registrant as specified in its charter)
 
Delaware
 
001-36469
 
84-1070932
(State or Other Jurisdiction
 
(Commission File Number)
 
(I.R.S. Employer
of Incorporation)
 
 
 
Identification No.)
 
3800 N. 28th Way, #1
Hollywood, Florida 33020
(Address of Principal Executive Office) (Zip Code)
 
(888) 766-5351
(Registrant’s telephone number, including area code)
 
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:
 
 
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
 
 
Soliciting material pursuant to Rule 14a-12 under the 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))
 
Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
 
Emerging growth company   
 
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act.   
 
Explanatory Note

This Amendment No. 1 on Form 8-K/A to the Form 8-K filed on November 30, 2020 is being filed solely for the purpose of filing Exhibit 99.2.


 
Item 8.01
Other Events
 
On November 30, 2020, Healthier Choices Management Corp. (“HCMC”) issued a press release announcing the filing of its patent infringement lawsuit against Philip Morris USA, Inc. and Philip Morris Products S.A. in the U.S. District Court for the Northern District of Georgia (the “Complaint”).  The lawsuit alleges infringement on HCMC-owned patent(s) by the Philip Morris product known and marketed as “IQOS®”.  Philip Morris claims that it is currently approaching 14 million users of its IQOS® product and has reportedly invested over $3 billion in their smokeless tobacco products.  A copy of the press release is attached as Exhibit 99.1.

The Complaint is attached as Exhibits 99.2 to this Current Report on Form 8-K and incorporated herein by reference.

 Item 9.01
Financial Statements and Exhibits
 
 (d) Exhibits.
 Exhibit
  
Number
 
Description
99.1
 
99.2
  
Press release of Healthier Choices Management Corp. dated November 30, 2020 regarding patent litigation lawsuit brought against Philip Morris (incorporated by reference from Exhibit 99.1 to Current Report on Form 8-K of the issuer filed on November 30, 2020)
 
Complaint, Healthier Choices Management Corp. v. Philip Morris USA, Inc. and Philip Morris Products S.A. (U.S. Dist. Ct., Northern Dist. of Georgia, November 30, 2020).




1

  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.
  
 
HEALTHIER CHOICES MANAGEMENT CORP.
 
 
 
Date: December 2, 2020
By:
/s/ Jeffrey Holman
 
 
Jeffrey Holman, Chief Executive Officer
 
2


EXHIBIT INDEX


Exhibit Number
 
Description
 
   
99.1
 
99.2
  
Press release of Healthier Choices Management Corp. dated November 30, 2020 regarding patent litigation lawsuit brought against Philip Morris (incorporated by reference from Exhibit 99.1 to Current Report on Form 8-K of the issuer filed on November 30, 2020)
 
Complaint, Healthier Choices Management Corp. v. Philip Morris USA, Inc. and Philip Morris Products S.A. (U.S. Dist. Ct., Northern Dist. of Georgia, November 30, 2020).