Hansen Natural Corporation (Nasdaq:HANS) said today that the Sacramento County Superior Court has denied a petition filed by Tree Top, Inc., for a writ of mandate requesting the Court, among other things, to direct the State of California Department of Health Services (DHS) to set aside its award of the WIC (Women, Infants and Children’s Supplemental Nutritional Program) apple juice contract to Hansen Beverage Company and award it to Tree Top, or alternatively, to direct DHS to rebid the apple juice contract.
On March 4, 2004, Hansen Natural announced that its wholly owned subsidiary, Hansen Beverage Company, had been awarded exclusive three year contracts by the DHS under its WIC Program to supply 64 oz. shelf stable ready to drink (RTD) 100% apple juice and 64 oz. shelf stable RTD 100% apple grape juice. Hansen said the three-year agreements will have a further one-year extension option subject to agreement between the company and the State of California DHS.
Hansen said delivery of the first juices to the trade pursuant to the contracts is expected to commence prior to the scheduled July 12, 2004 start date for the contracts.
Hansen Natural Corporation markets and distributes Hansen’s(R) Natural Sodas, Signature Sodas, fruit juice and soy Smoothies, Energy drinks, Energade(R) energy sports drinks, E20 Energy Water(R), functional drinks, Sparkling Lemonades and Orangeades, multi-vitamin juice drinks in aseptic packaging, Junior Juice(R) juice, iced teas, lemonades and juice cocktails, apple juice, cider and juice blends, as well as nutrition bars, Blue Sky(R) brand carbonated beverages, Monster Energy(TM) brand energy drinks and Lost(R) Energy(TM) brand energy drinks. The company’s subsidiary Hard e Beverage Co. markets and distributes Hard e malt beverages. Hansen can be found on the Web at www.hansens.com.
Certain statements made in this announcement, including, but not limited to, the start date for delivery of the juices under the DHS contracts, may constitute “forward looking statements” within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. Management cautions that these statements are qualified by their terms/or important factors, many of which are outside of the control of the company, that could cause actual results and events to differ materially from the statements made herein, including, but not limited to, the following: Changes in consumer preferences, changes in demand that are weather related, particularly in areas outside of California, competitive pricing pressures, changes in the price and/or availability of raw materials for the company’s products, the availability of production and/or suitable facilities, the marketing efforts of the distributors of the company’s products, most of which distribute products that are competitive with the products of the company, the introduction of new products, as well as unilateral decisions that may be made by grocery chain stores, specialty chain stores, club stores and other customers to discontinue carrying all or any of the company’s products that they are carrying at any time. Management further notes that the company’s plans and results may be affected by any change in the availability of the company’s credit facilities and the actions of its creditors.