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 21, 2010
(Date of
earliest event reported)
______________________
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VITACOST.COM
INC.
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(Exact
name of registrant as specified in its charter)
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______________________
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Delaware
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001-34468
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37-1333024
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(State
or other jurisdiction of incorporation)
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(Commission
File No.)
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(IRS
Employer Identification No.)
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5400
Broken Sound Blvd. NW – Suite 500
Boca
Raton, Florida 33487-3521
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(Address
of Principal Executive Offices)
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(561)
982-4180
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(Registrant’s
telephone number, including area code)
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Not
Applicable
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(Former
name or former address, if changed since last report)
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______________________
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)
£ 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))
Item
3.01. Notice of Delisting or Failure to Satisfy a Continued Listing
Rule or Standard; Transfer of Listing.
On December 21, 2010, Vitacost.com
Inc. (the “Company”) received a letter from The NASDAQ Stock Market (“NASDAQ”)
indicating that based on its review of the Company and pursuant to NASDAQ
Listing Rule 5101, the NASDAQ staff (the “Staff”) has determined that “continued
listing of the Company’s securities on The Nasdaq Stock Market is no longer
warranted.”
In accordance with the procedures set
forth in the NASDAQ Listing Rules, the Company plans to timely appeal the Staff
determination, and will request a hearing before a Hearings Panel.
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.
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VITACOST.COM,
INC.
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Date: December
28, 2010
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By:
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/s/ Stephen E. Markert, Jr. | |
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Stephen
E. Markert, Jr.
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Interim
Chief Financial Officer
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