UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM
10-Q
(Mark One)
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þ |
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QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
For the quarterly period ended February 28, 2010
or
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o |
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TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
For the transition period from to
Commission file number: 1-31643
CCA Industries Inc.
(Exact name of registrant as specified in its charter)
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Delaware
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04-2795439 |
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(State or other jurisdiction of
incorporation or organization)
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(IRS Employer Identification No.) |
200 Murray Hill Parkway
East Rutherford, NJ 07073
(Address of principal executive offices)
(201) 330-1400
(Registrants telephone number, including area code)
(Former Name, Former Address and Former Fiscal Year, if Changed Since Last Report)
Indicate by check mark whether the registrant (1) has filed all reports required to be filed by
Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for
such shorter period that the registrant was required to file such reports), and (2) has been
subject to such filing requirements for the past 90 days. Yes þ No o
Indicate by check mark whether the registrant has submitted electronically and posted on its
corporate Web site, if any, every Interactive Data File required to be submitted and posted
pursuant to Rule 405 of Regulation S-T (§232.405 of this chapter) during the preceding 12 months
(or for such shorter period that the registrant was required to submit and post such files). Yes þ No o
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a
non-accelerated filer, or a smaller reporting company. See the definitions of large accelerated
filer, accelerated filer and smaller reporting company in Rule 12b-2 of the Exchange Act
(Check one).
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Large accelerated filer o
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Accelerated filer o
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Non-accelerated filer o
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Smaller reporting company þ |
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(Do not check if a smaller reporting company) |
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Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of
the Exchange Act). Yes o No þ
As of April 14, 2010 there were (i) 6,086,740 shares of the issuers common stock, par value
$0.01, outstanding; and (ii) 967,702 shares of the issuers Class A common stock, par value $0.01,
outstanding.
CCA INDUSTRIES, INC. AND SUBSIDIARIES
INDEX
1
CCA INDUSTRIES, INC. AND SUBSIDIARIES
CONSOLIDATED BALANCE SHEETS
ASSETS
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February 28, |
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November 30, |
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2010 |
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2009 |
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(Unaudited) |
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Current Assets |
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Cash and cash equivalents |
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$ |
6,899,526 |
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$ |
7,844,369 |
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Short-term investments and marketable
securities |
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7,758,285 |
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9,636,103 |
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Accounts receivable, net of allowances of
$1,614,371 and $1,584,814, respectively |
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9,531,704 |
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7,613,273 |
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Inventories, net of reserve for inventory obsolescence
of $816,563 and $760,001, respectively |
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8,563,845 |
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8,327,277 |
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Prepaid expenses and sundry receivables |
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626,200 |
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739,139 |
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Prepaid and refundable income taxes |
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431,932 |
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89,535 |
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Deferred income taxes |
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1,272,634 |
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1,193,745 |
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Total Current Assets |
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35,084,126 |
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35,443,441 |
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Property and Equipment, net of accumulated
depreciation and amortization |
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642,465 |
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682,921 |
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Intangible Assets, net of accumulated
amortization |
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696,970 |
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697,506 |
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Other Assets |
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Marketable securities |
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3,307,755 |
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2,900,035 |
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Other |
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65,300 |
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65,300 |
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Total Other Assets |
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3,373,055 |
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2,965,335 |
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Total Assets |
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$ |
39,796,616 |
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$ |
39,789,203 |
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See Notes to Unaudited Consolidated Financial Statements.
2
CCA INDUSTRIES, INC. AND SUBSIDIARIES
CONSOLIDATED BALANCE SHEETS
LIABILITIES AND SHAREHOLDERS EQUITY
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February 28, |
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November 30, |
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2010 |
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2009 |
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(Unaudited) |
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Current Liabilities |
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Accounts payable and accrued liabilities |
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$ |
8,668,931 |
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$ |
8,775,676 |
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Capitalized lease obligation current portion |
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48,460 |
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53,233 |
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Income taxes payable |
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147,153 |
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Dividends payable |
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493,811 |
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493,811 |
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Total Current Liabilities |
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9,211,202 |
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9,469,873 |
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Deferred tax liability |
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120,646 |
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76,929 |
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Capitalized lease obligations-long term |
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12,891 |
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22,553 |
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Total Liabilities |
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9,344,739 |
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9,569,355 |
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Shareholders Equity |
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Preferred stock, $1.00 par; authorized
20,000,000 shares; none issued |
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Common stock, $.01 par; authorized
15,000,000 shares; 6,086,740 shares issued and outstanding |
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60,867 |
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60,867 |
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Class A common stock, $.01 par; authorized
5,000,000 shares; 967,702 shares issued and outstanding |
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9,677 |
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9,677 |
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Additional paid-in capital |
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2,329,049 |
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2,329,049 |
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Retained earnings |
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28,142,526 |
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28,094,783 |
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Unrealized (losses) on marketable
securities |
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(90,242 |
) |
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(274,528 |
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Total Shareholders Equity |
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30,451,877 |
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30,219,848 |
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Total Liabilities and Shareholders Equity |
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$ |
39,796,616 |
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$ |
39,789,203 |
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See Notes to Unaudited Consolidated Financial Statements.
3
CCA INDUSTRIES, INC. AND SUBSIDIARIES
CONSOLIDATED STATEMENTS OF INCOME
(UNAUDITED)
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Three Months Ended |
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February 28, |
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2010 |
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2009 |
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Revenues |
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Sales of health and beauty
aid products Net |
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$ |
13,091,177 |
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$ |
14,758,850 |
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Other income |
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107,108 |
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185,616 |
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Total Revenues |
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13,198,285 |
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14,944,466 |
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Costs and Expenses |
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Costs of sales |
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5,031,100 |
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5,616,212 |
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Selling, general and
administrative expenses |
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5,468,631 |
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5,315,097 |
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Advertising, cooperative
and promotions |
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1,551,506 |
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3,559,279 |
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Research and development |
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146,526 |
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126,352 |
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Provision for doubtful
accounts |
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46,275 |
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47,506 |
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Interest expense |
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1,747 |
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3,285 |
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Total Costs and Expenses |
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12,245,785 |
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14,667,731 |
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Income before Provision for |
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Income Taxes |
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952,500 |
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276,735 |
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Provision for Income Taxes |
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410,946 |
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152,369 |
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Net Income |
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$ |
541,554 |
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$ |
124,366 |
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Earnings per Share: |
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Basic |
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$ |
0.08 |
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$ |
0.02 |
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Diluted |
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$ |
0.08 |
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$ |
0.02 |
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Weighted Average Common Shares Outstanding: |
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Basic |
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7,054,442 |
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7,054,442 |
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Diluted |
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7,054,442 |
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7,057,168 |
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See Notes to Unaudited Consolidated Financial Statements.
4
CCA INDUSTRIES, INC. AND SUBSIDIARIES
CONSOLIDATED STATEMENTS OF COMPREHENSIVE INCOME (LOSS)
(UNAUDITED)
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Three Months Ended |
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February 28, |
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2010 |
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2009 |
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Net Income |
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$ |
541,554 |
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$ |
124,366 |
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Other Comprehensive Income |
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Unrealized gain (loss)
on investments, net of tax * |
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184,286 |
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(798,726 |
) |
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(Note 6, Note 8) |
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Comprehensive Income (Loss) |
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$ |
725,840 |
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$ |
(674,360 |
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* |
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Unrealized holding gain for the three months ended February 28, 2010 is net of a deferred tax
benefit from unrealized losses of $20,012. |
See Notes to Unaudited Consolidated Financial Statements.
5
CCA INDUSTRIES, INC. AND SUBSIDIARIES
CONSOLIDATED STATEMENTS OF CASH FLOWS
(UNAUDITED)
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Three Months Ended |
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February 28, |
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February 28, |
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2010 |
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2009 |
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Cash Flows from Operating Activities: |
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Net income |
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$ |
541,554 |
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$ |
124,366 |
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Adjustments to reconcile net income to net cash
provided by (used in) operating activities: |
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Depreciation and amortization |
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64,203 |
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63,931 |
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Loss on write off of fixed assets |
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2,653 |
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(Gain) on sale of securities |
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(4,134 |
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(49,969 |
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(Increase) in deferred income taxes |
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(15,160 |
) |
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(2,825 |
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(Increase) in accounts receivable |
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(1,918,431 |
) |
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(3,056,082 |
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(Increase) in inventory |
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(236,568 |
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(509,845 |
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Decrease (increase) in prepaid expenses
and miscellaneous receivables |
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112,939 |
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(161,557 |
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(Increase) decrease in prepaid and
refundable income taxes |
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(342,396 |
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156,996 |
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(Decrease) increase in accounts payable and
accrued Liabilities |
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(106,745 |
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1,346,644 |
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(Decrease) in income taxes payable |
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(147,153 |
) |
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Net Cash (Used In) Operating Activities |
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(2,051,891 |
) |
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(2,085,688 |
) |
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Cash Flows from Investing Activities: |
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Acquisition of property, plant and equipment |
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(23,211 |
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(18,252 |
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Purchase of marketable securities |
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(3,053,493 |
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(11,582,163 |
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Proceeds from sale and maturity of
marketable securities |
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4,692,000 |
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6,985,000 |
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Net Cash
Provided by (Used in) Investing Activities |
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1,615,296 |
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(4,615,415 |
) |
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Cash Flows from Financing Activities: |
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Payments of capital lease obligation |
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(14,437 |
) |
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(13,956 |
) |
Dividends paid |
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(493,811 |
) |
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(775,989 |
) |
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Net Cash (Used in) Financing Activities |
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(508,248 |
) |
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(789,945 |
) |
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Net (Decrease) in Cash |
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(944,843 |
) |
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(7,491,048 |
) |
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Cash and Cash Equivalents at Beginning of Period |
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7,844,369 |
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8,934,699 |
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Cash and Cash Equivalents at End of Period |
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$ |
6,899,526 |
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$ |
1,443,651 |
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Supplemental Disclosures of Cash Flow
Information: |
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Cash paid during the period for: |
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Interest |
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$ |
1,747 |
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$ |
3,285 |
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Income taxes |
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|
920,698 |
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|
817 |
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Schedule of Non Cash Financing Activities: |
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Dividends declared |
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$ |
493,811 |
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$ |
775,989 |
|
See Notes to Unaudited Consolidated Financial Statements.
6
CCA INDUSTRIES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS
NOTE 1 |
|
BASIS OF PRESENTATION |
The
accompanying unaudited consolidated financial statements have been prepared in
accordance with accounting principles generally accepted in the
United States for interim financial
information and with the instructions to Form 10-Q and Article 10 of Regulation S-X.
Accordingly, they do not include all of the information and footnotes required by
generally accepted accounting principles for complete financial statements. Operating
results for the three month period ended February 28, 2010 are not necessarily
indicative of the results that may be expected for the year ended November 30, 2010.
For further information, refer to the consolidated financial statements and footnotes
thereto included in the Companys annual report on Form 10-K for the year ended
November 30, 2009. The accompanying unaudited consolidated financial statements, in
the opinion of management, include all adjustments necessary for a fair presentation.
All such adjustments are of a normal recurring nature.
NOTE 2 |
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ORGANIZATION AND DESCRIPTION OF BUSINESS |
CCA Industries, Inc. (CCA) was incorporated in the State of Delaware on March 25,
1983.
CCA manufactures and distributes health and beauty aid products.
CCA has several wholly-owned subsidiaries, CCA Cosmetics, Inc., CCA Labs, Inc., and
Berdell, Inc, all of which are currently inactive. CCA has two active wholly-owned
subsidiaries, CCA Online Industries, Inc., and CCA IND., S.A. DE C.V., a Variable
Capital Corporation organized pursuant to the laws of Mexico.
NOTE 3 |
|
SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES |
Principles of Consolidation:
The consolidated financial statements include the accounts of CCA and its wholly-owned
subsidiaries (collectively the Company). All significant inter-company accounts and
transactions have been eliminated.
Estimates and Assumptions:
The consolidated financial statements include the use of estimates, which management
believes are reasonable. The process of preparing financial statements in conformity
with Accounting Principles Generally Accepted in the United States (GAAP), requires
management to make estimates and assumptions regarding certain types of assets,
liabilities, revenues, and expenses. Such estimates primarily relate to unsettled
transactions and events as of the date of the financial statements. Accounting
estimates and assumptions are those that management considers to be most critical to
the financial statements because they inherently involve significant judgment and
uncertainties. All of these estimates and assumptions reflect managements best
judgment about current economic and market conditions and their effects on the
information available as of the date of the consolidated
financial statements. Accordingly, upon settlement, actual results may differ
from estimated amounts.
7
CCA INDUSTRIES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS
NOTE 3 |
|
SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) |
Comprehensive Income (Loss):
Comprehensive income (loss) includes changes in equity that are excluded from the
consolidated statements of income (loss) and are recorded directly into a separate
section of consolidated statements of comprehensive income (loss). The Companys
accumulated other comprehensive income (loss) shown on the consolidated balance sheets
consist of unrealized gains and losses on investment holdings, net of tax.
Cash and Cash Equivalents:
For purposes of the statement of cash flows, the Company considers all highly liquid
instruments purchased with an original maturity of less than three months to be cash
equivalents.
Short-Term Investments and Marketable Securities:
Short-term investments and marketable securities consist of certificates of deposits,
corporate and government bonds and equity securities. The Company has classified its
investments as Available-for-Sale securities. Accordingly, such investments are
reported at fair market value, with the resultant unrealized gains and losses reported
as a separate component of shareholders equity. Fair value for Available-for-Sale
securities is determined by reference to quoted market prices or other relevant
information.
Accounts Receivable
Accounts
receivable consists of trade receivables recorded at original invoice amount,
less an estimated allowance for uncollectible amounts. The accounts receivable balance
is further reduced by allowances for cooperative advertising and reserves for returns
which are anticipated to be taken as credits against the balances as of the balance
sheet date. The allowances and reserves which are anticipated to be deducted from
future invoices are included in accrued liabilities. Trade credit is generally extended
on a short term basis; thus trade receivables do not bear interest, although a finance
charge may be applied to receivables that are past due. Trade receivables are
periodically evaluated for collectability based on past credit history with customers
and their current financial condition. Changes in the estimated collectability of
trade receivables are recorded in the results of operations for the period in which the
estimate is revised. Trade receivables that are deemed uncollectible are offset
against the allowance for uncollectible accounts. The Company generally does not
require collateral for trade receivables.
8
CCA INDUSTRIES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS
NOTE 3 |
|
SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) |
Inventories:
Inventories are stated at the lower of cost (first-in, first-out) or market.
Product returns are recorded in inventory when they are received at the lower of their
original cost or market, as appropriate. Obsolete inventory is written off and its
value is removed from inventory at the time its obsolescence is determined.
Property and Equipment and Depreciation and Amortization
Property and equipment are stated at cost. The Company charges to expense repairs and
maintenance items, while major improvements and betterments are capitalized.
When the Company sells or otherwise disposes of property and equipment items, the cost
and related accumulated depreciation are removed from the respective
accounts
and any gain or loss is included in earnings.
Depreciation and amortization are provided on the straight-line method over the
following estimated useful lives or lease terms of the assets:
|
|
|
|
|
Machinery and equipment |
|
5-7 Years |
Furniture and fixtures |
|
3-10 Years |
Tools, dies and masters |
|
3 Years |
Transportation equipment |
|
5 Years |
Leasehold improvements |
|
Remaining life of the lease
(ranging from 1-9 years) |
Intangible Assets:
Intangible assets are stated at cost. Patents are amortized on the straight-line
method over a period of 17 years. Such intangible assets are reviewed for potential
impairment on a quarterly basis.
Web Site Costs:
Certain costs incurred in creating the graphics and content of the Companys web site
have been capitalized in accordance with the Accounting Standards Codification (ASC)
Topic 350, Intangibles Goodwill and Other, issued by the Financial Accounting
Standards Board (FASB). The Company had determined that these costs would be
amortized over a two-year period. Web site design and conceptual costs are expensed as
incurred.
9
CCA INDUSTRIES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS
NOTE 3 |
|
SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) |
Financial Instruments:
The carrying value of assets and liabilities considered financial instruments
approximate their respective fair value.
Income Taxes:
Income taxes are accounted for under the asset and liability method. Deferred tax
assets and liabilities are recognized for future tax consequences attributable to the
temporary differences between the carrying amounts of assets and liabilities as
recorded on the Companys financial statements and the carrying amounts as reflected on
the Companys income tax return. In addition, the portion of charitable contributions
that cannot be deducted in the current period and are carried forward for future
periods are also reflected in the deferred tax assets. Deferred tax assets and
liabilities are valued using the tax rates expected to apply in the years in which
those temporary differences are expected to be recovered or settled. Deferred tax
assets are reduced by a valuation allowance when, in the opinion of management, it is
more likely than not that some portion, or all of the deferred tax asset will not be
realized.
Tax Credits:
Tax credits, when present, are accounted for using the flow-through method as a
reduction of income taxes in the years utilized.
Earnings Per Common Share:
Basic earnings per share are calculated in accordance with ASC Topic 260, Earnings Per
Share, which requires using the average number of shares of common stock outstanding
during the period. Diluted earnings per share is computed on the basis of the average
number of common shares outstanding plus the effect of any outstanding stock options
using the treasury stock method and convertible debentures using the if-converted
method. Common stock equivalents consist of stock options.
Revenue Recognition:
The Company recognizes sales upon shipment of merchandise. Net sales comprise gross
revenues less expected returns, trade discounts, customer allowances and various sales
incentives. Although no legal right of return exists between the customer and the
Company, returns are accepted if it is in the best interests of the Companys
relationship with the customer. The Company, therefore, records a reserve for returns
based on the historical returns as a percentage of sales in the five preceding months,
adjusting for returns that can be put back into inventory, and a specific reserve based
on customer circumstances. Those returns which are anticipated to be taken as credits
against the balances as of the balance sheet date are offset against the accounts
receivable. The reserves which are anticipated to be deducted from future invoices are
included in accrued liabilities.
10
CCA INDUSTRIES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS
NOTE 3 |
|
SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) |
Sales Incentives:
In accordance with ASC Topic 605-10-S99, Revenue Recognition, the Company has
accounted for certain sales incentives offered to customers by charging them directly
to sales as opposed to advertising and promotional expense. These accounting
adjustments under ASC Topic 605-10-S99 do not affect net income.
Advertising Costs:
The Companys policy for financial reporting is to charge advertising cost to expense
as incurred. Advertising, cooperative and promotional expense for the three months
ended February 28, 2010 and February 28, 2009 were $1,551,506 and $3,559,279,
respectively.
Shipping Costs:
The Companys policy for financial reporting is to charge shipping costs as part of
selling, general and administrative expense as incurred. Freight costs included were
$635,716 and $674,772 for the three months ended February 28, 2010 and 2009,
respectively.
Stock Options:
In December 2004, the FASB issued ASC Topic 718, Stock Compensation. ASC Topic 718
requires stock grants to employees to be recognized in the consolidated income
statement based on their fair values.
Recent Accounting Pronouncements
In December 2007, the FASB amended certain provisions of Accounting Standard
Codification (ASC) Topic 805, Business Combinations. This amendment changes
accounting for acquisitions that close beginning in 2009 in a number of areas including
the treatment of contingent consideration, contingencies, acquisition costs, in-process
research & development and restructuring costs. More transactions and events will
qualify as business combinations and will be accounted for at fair value under the new
standard. This amendment promotes greater use of fair values in financial
reporting. In addition, under Topic 805, changes in deferred tax asset valuation
allowances and acquired income tax uncertainties in a business combination after the
measurement period will impact income tax expense. Some of the changes will introduce
more volatility into earnings. Topic 805 became effective for fiscal years beginning
on or after December 15, 2008.
11
CCA INDUSTRIES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS
NOTE 3 |
|
SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) |
Recent Accounting Pronouncements (Continued)
Topic 805 will have an impact on accounting for any business acquired after the
effective date of this pronouncement.
In December 2007, the FASB issued ASC Topic 810, Consolidation. Topic 810 will change
the accounting and reporting for minority interests, which will be recharacterized as
noncontrolling interests (NCI) and classified as a component of equity. This new
consolidation method will significantly change the accounting for transactions with
minority interest holders. Topic 810 became effective for fiscal years beginning after
December 15, 2008. Topic 810 will have an impact on the presentation and disclosure of
the noncontrolling interests of any non-wholly owned business acquired in the future.
In April 2008, the FASB amended certain provisions of ASC Topic 350,
Intangibles-Goodwill and Other. Topic 350 amends the factors that must be considered
in developing renewal or extension assumptions used to determine the useful life over
which to amortize the cost of a recognized intangible. It further requires an entity to
consider its own assumptions about renewal or extension of the term of the arrangement,
consistent with its expected use of the asset, and is an attempt to improve consistency
between the useful life of a recognized intangible asset and the period of expected
cash flows used to measure the fair value of the asset. Topic 350 became effective for
fiscal years beginning after December 15, 2008, and the guidance for determining the
useful life of a recognized intangible asset must be applied prospectively to
intangible assets acquired after the effective date. Topic 350 did not have a
significant impact on the Companys results of operations, financial condition or
liquidity.
In April 2009, the SEC issued Staff Accounting Bulletin No. 111 (SAB No. 111). SAB
No. 111 amends Topic 5.M. in regard to other than temporary impairment of certain
investments in debt and equity securities. SAB No. 111 confirms the establishment of
the other than temporary category of investment impairment. The adoption of SAB No.
111 became effective upon issuance and did not have any material impact on the
Companys financial position or results of operation.
In April 2009, the FASB issued an amendment to ASC Topic 825, Financial Instruments.
The amendment requires disclosure of the fair value of financial instruments for
interim reporting periods of publicly traded companies as well as in annual financial
statements. The amendment to Topic 825 became effective for interim reporting periods
ending after June 15, 2009. The adoption of this topic had no impact on the Companys
financial position or results of operation.
12
CCA INDUSTRIES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS
NOTE 3 |
|
SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) |
Recent Accounting Pronouncements (Continued)
In April 2009, the FASB issued additional guidance under ASC Topic 820, Fair Value
Measurements and Disclosures. Topic 820 provides additional guidance for estimating
the fair value of an asset or liability when the volume and level of activity for the
asset or liability have significantly decreased, and identifying circumstances in which
a transaction may not be orderly. The adoption of this topic became effective for all
interim and annual reporting periods ending after June 15, 2009. The adoption of the
additional guidance provided by Topic 820 did not have any material impact on the
Companys financial position or results of operation.
In April 2009, the FASB issued an amendment to ASC Topic 320, Investments Debt and
Equity which amends the guidance in regard to other-than-temporary impairments on debt
and equity securities in the financial statements. Topic 320 also requires additional
disclosures in the financial statements that enable users to understand the types of
debt and equity securities held, including those investments in an unrealized loss
position for which an other-than-temporary impairment has or has not been recognized.
The adoption of the amendment to Topic 320 became effective for all interim and annual
reporting periods ending after June 15, 2009. The adoption of this amended topic did
not have any material impact on the Companys financial position or results of
operation.
In May 2009, the FASB issued ASC Topic 855, Subsequent Events. The statement is to
establish general standards of accounting for and disclosure of events that occur after
the balance sheet date but before financial statements are issued. Topic 855 became
effective June 15, 2009 for all subsequent reporting periods. The adoption of Topic
855 did not have any material impact on the Companys financial position or results of
operation.
In June 2009, the FASB issued Accounting Standards Update (ASU) 2009-01, The FASB
Accounting Standards Codification and the Hierarchy of Generally Accepted Accounting
Principles. This update identifies the sources of accounting principles and the
framework for selecting the principles used in the preparation of financial statements
of nongovernmental entities that are presented in conformity with generally accepted
accounting principles (GAAP) in the United States. This update is effective for
financial statements issued for interim and annual periods ending after September 15,
2009. The adoption of ASU 2009-01 did not have any material impact on the Companys
financial position or results of operation.
13
CCA INDUSTRIES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS
NOTE 3 |
|
SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) |
Recent Accounting Pronouncements (Continued)
In August 2009, the FASB issued ASU 2009-05, which is an update to Topic 820, Fair
Value Measurements and Disclosures. The update provides clarification in regard to
the estimation of the fair value of a liability. In addition, it also clarifies that
both a quoted price in an active market for the identical liability at the measurement
date and the quoted price for the identical liability when traded as an asset in an
active market when no adjustments to the quoted price of the asset are required are
Level 1 fair value measurements. This update became effective for all interim and
annual reporting periods ending after August 31, 2009. The adoption of ASU 2009-05 did
not have a material impact on the Companys financial position or results of operation.
In January 2010, the FASB issued ASU 2010-06, which is an update to Topic 820, Fair
Value Measurement and Disclosures. This update establishes further disclosure
requirements regarding transfers in and out of levels 1 and 2, and activity in level 3
fair value measurements. The update also provides clarification as to the level of
disaggregation for each class of assets and liabilities, requires disclosures about
inputs and valuation techniques, and also includes conforming amendments to the
guidance on employers disclosures about postretirement benefit plan assets. ASU
2010-06 will be effective for all interim and annual reporting periods beginning after
December 15, 2010. ASU 2010-06 is not expected to have a material impact on the
Companys financial position or results of operation.
In February 2010, the FASB issued ASU 2010-09, which is an update to Topic 855,
Subsequent Events. This update clarifies the date through which the Company is
required to evaluate subsequent events. SEC filers will be required to evaluate
subsequent events though the date that the financial statements are issued. ASU
2010-09 was effective upon issuance, and will not have a material impact on the
Companys financial position or results of operation.
Management does not believe that any other recently issued, but not yet effective,
accounting standards if currently adopted would have a material effect on the
accompanying financial statements.
14
CCA INDUSTRIES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS
The components of inventory consist of the following:
|
|
|
|
|
|
|
|
|
|
|
February 28, |
|
|
November 30, |
|
|
|
2010 |
|
|
2009 |
|
|
|
|
|
|
|
|
|
|
Raw materials |
|
$ |
5,592,191 |
|
|
$ |
5,246,185 |
|
Finished goods |
|
|
2,971,654 |
|
|
|
3,081,092 |
|
|
|
|
|
|
|
|
|
|
$ |
8,563,845 |
|
|
$ |
8,327,277 |
|
|
|
|
|
|
|
|
At February 28, 2010 and November 30, 2009, the Company had a reserve for obsolescence
of $ 816,563 and $760,001, respectively.
NOTE 5 |
|
PROPERTY AND EQUIPMENT |
The components of property and equipment consisted of the following:
|
|
|
|
|
|
|
|
|
|
|
February 28, |
|
|
November 30, |
|
|
|
2010 |
|
|
2009 |
|
|
|
|
|
|
|
|
|
|
Machinery and equipment |
|
$ |
231,170 |
|
|
$ |
217,323 |
|
Furniture and equipment |
|
|
956,185 |
|
|
|
953,208 |
|
Tools, dies, and masters |
|
|
342,103 |
|
|
|
335,716 |
|
Capitalized lease obligations |
|
|
263,067 |
|
|
|
263,067 |
|
Web Site |
|
|
20,000 |
|
|
|
20,000 |
|
Leasehold improvements |
|
|
402,785 |
|
|
|
402,785 |
|
|
|
|
|
|
|
|
|
|
|
2,215,310 |
|
|
|
2,192,099 |
|
|
|
|
|
|
|
|
|
|
Less: Accumulated depreciation
and amortization |
|
|
1,572,845 |
|
|
|
1,509,178 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Property and Equipment Net |
|
$ |
642,465 |
|
|
$ |
682,921 |
|
|
|
|
|
|
|
|
Depreciation expense for the three months ended February 28, 2010 and 2009 amounted to
$63,667 and $62,266, respectively. Furniture and equipment includes $132,550 of costs
for computer equipment and software that has been purchased, but not placed in service
as of yet. No depreciation expense for these assets will be recorded until they are
placed in service.
15
CCA INDUSTRIES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS
NOTE 6 |
|
INTANGIBLE ASSETS |
Intangible assets consist of owned trademarks and patents for ten product lines
|
|
|
|
|
|
|
|
|
|
|
February 28, |
|
|
November 30, |
|
|
|
2010 |
|
|
2009 |
|
|
|
|
|
|
|
|
|
|
Patents and trademarks |
|
$ |
856,005 |
|
|
$ |
856,005 |
|
Less: Accumulated amortization |
|
|
159,035 |
|
|
|
158,499 |
|
|
|
|
|
|
|
|
Intangible Assets Net |
|
$ |
696,970 |
|
|
$ |
697,506 |
|
|
|
|
|
|
|
|
Patents are amortized on a straight-line basis over their legal life of 17 years and
trademarks are adjusted to realizable value for each quarterly reporting period.
Amortization expense for the three months ended February 28, 2010 and 2009 amounted to
$536 and $1,665, respectively. Estimated amortization expense for November 30, 2010,
2011, 2012, 2013 and 2014 will be $2,185, $2,185, $2,185, $2,163 and $2,123
respectively.
NOTE 7 |
|
SHORT-TERM INVESTMENTS AND MARKETABLE SECURITIES |
Short-term investments and marketable securities, which consist of fully guaranteed
bank certificates of deposit, stock and various corporate and government obligations,
are stated at market value. The Company has classified its investments as
Available-for-Sale securities and considers as current assets those investments which
will mature or are likely to be sold within the ensuing twelve months. The remaining
investments are considered non-current assets. The cost and market values of the
investments at February 28, 2010 and November 30, 2009 were as follows:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
February 28, 2010 |
|
|
November 30, 2009 |
|
|
|
COST |
|
|
MARKET |
|
|
COST |
|
|
MARKET |
|
Current |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Guaranteed bank
certificates of deposit |
|
$ |
450,000 |
|
|
$ |
451,050 |
|
|
$ |
942,000 |
|
|
$ |
944,910 |
|
Corporate
obligations |
|
|
399,264 |
|
|
|
404,076 |
|
|
|
598,370 |
|
|
|
607,189 |
|
U.S. Government
obligations (including mortgage
backed securities) |
|
|
6,096,199 |
|
|
|
6,096,680 |
|
|
|
7,494,318 |
|
|
|
7,497,900 |
|
Preferred stock |
|
|
250,000 |
|
|
|
213,080 |
|
|
|
250,000 |
|
|
|
187,720 |
|
Common stock |
|
|
394,408 |
|
|
|
386,844 |
|
|
|
189,552 |
|
|
|
196,873 |
|
Mutual funds |
|
|
215,274 |
|
|
|
170,755 |
|
|
|
215,274 |
|
|
|
165,383 |
|
Other equity
investments |
|
|
70,206 |
|
|
|
35,800 |
|
|
|
70,206 |
|
|
|
36,128 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total Current |
|
|
7,875,351 |
|
|
|
7,758,285 |
|
|
|
9,759,720 |
|
|
|
9,636,103 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Non-Current: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Guaranteed bank Certificates of deposit |
|
|
816,000 |
|
|
|
821,503 |
|
|
|
816,000 |
|
|
|
818,250 |
|
Corporate obligations |
|
|
450,000 |
|
|
|
453,880 |
|
|
|
200,000 |
|
|
|
205,297 |
|
Preferred stock |
|
|
2,074,845 |
|
|
|
2,032,372 |
|
|
|
2,074,845 |
|
|
|
1,876,488 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total Non-Current |
|
|
3,340,845 |
|
|
|
3,307,755 |
|
|
|
3,090,845 |
|
|
|
2,900,035 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total |
|
$ |
11,216,196 |
|
|
$ |
11,066,040 |
|
|
$ |
12,850,565 |
|
|
$ |
12,536,138 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
16
CCA INDUSTRIES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS
As of February 28, 2010, the Company had unrealized losses on its investments of
$150,154. This amount was reduced by a deferred tax benefit of $59,912, of which
$39,900 was recorded in prior periods and $20,012 was recorded in fiscal 2010. None of
the unrealized losses have been deemed to be other-than-temporary or temporary
impairments, and are accounted for under mark-to-market rules for Available-for-Sale
securities. Please see Note 3 for further information.
Bank certificates of deposit are insured by the Federal Deposit Insurance Corporation
for the full balance under the Temporary Liquidity Guarantee Program. The Company
maintains accounts with several brokerage firms. The accounts contain cash and
securities. Balances are insured up to $500,000 (with a limit of $100,000 for cash) by
the Securities Investor Protection Corporation (SIPC).
The Company had, at February 28, 2010, an auction rate bond issued by the New Jersey
State Higher Education Assistance Authority (NJHE). The bond was originally recorded
as a non-current marketable security. The NJHE bond has an original par value of
$500,000, a maturity date of December 1, 2040, a rating of AA by S&P, and has been
placed on negative watch. Fitch had withdrawn their rating. The current annualized
interest rate is 0.683% as of March 16, 2010. Beginning in February 2008, more shares
for sale were submitted in the regularly scheduled auctions for the NJHE auction rate
bonds than there were offers to buy. This meant that these auctions failed to clear
and that many or all auction bond holders who wanted to sell their shares in these
auctions were unable to do so. The Company was notified by Wells Fargo Securities, LLC
on February 11, 2010 that they will be repurchasing the NJHE bond from the Company at
the original par value. See Note 13, Subsequent Events for further information.
The Company adopted ASC Topic 820, Fair Value Measurements and Disclosures as of
December 1, 2007, which expands disclosures about investments that are measured and
reported at fair market value. ASC Topic 820 established a fair value hierarchy that
prioritizes the inputs to valuations techniques utilized to measure fair value into
three broad levels as follows:
Level 1 Quoted market prices in active markets for the identical asset or liability
that the reporting entity has ability to access at measurement date.
17
CCA INDUSTRIES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS
NOTE 7 |
|
SHORT-TERM INVESTMENTS AND MARKETABLE SECURITIES (CONTINUED) |
Level 2 Quoted market prices for identical or similar assets or liabilities in
markets that are not active, and where fair value is determined through the use of
models or other valuation methodologies.
Level 3 Unobserved inputs for the asset or liability. Fair value is determined by
the reporting entitys own assumptions utilizing the best information available, and
includes situations where there is little market activity for the investment.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Significant |
|
|
|
|
|
|
|
Quoted Market |
|
|
Other |
|
|
|
|
|
|
|
Price in Active |
|
|
Observable |
|
|
|
February 28, |
|
|
Markets |
|
|
Inputs |
|
Description |
|
2010 |
|
|
(Level 1) |
|
|
(Level 2) |
|
Bank Certificates of
Deposit |
|
$ |
1,272,553 |
|
|
$ |
|
|
|
$ |
1,272,553 |
|
Corporate obligations |
|
|
857,956 |
|
|
|
|
|
|
|
857,956 |
|
Government Obligations |
|
|
6,096,680 |
|
|
|
5,596,680 |
|
|
|
500,000 |
|
Preferred Stock |
|
|
2,245,452 |
|
|
|
2,245,452 |
|
|
|
|
|
Common Stock |
|
|
386,844 |
|
|
|
386,844 |
|
|
|
|
|
Mutual Funds |
|
|
170,755 |
|
|
|
170,755 |
|
|
|
|
|
Other Equity |
|
|
35,800 |
|
|
|
|
|
|
|
35,800 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total |
|
$ |
11,066,040 |
|
|
$ |
8,399,731 |
|
|
$ |
2,666,309 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Quoted |
|
|
Significant |
|
|
|
|
|
|
|
Market Price |
|
|
Other |
|
|
|
|
|
|
|
in Active |
|
|
Observable |
|
|
|
November 30, |
|
|
Markets |
|
|
Inputs |
|
Description |
|
2009 |
|
|
(Level 1) |
|
|
(Level 2) |
|
Bank Certificates of
Deposit |
|
$ |
1,763,157 |
|
|
$ |
|
|
|
$ |
1,763,157 |
|
Corporate obligations |
|
|
812,490 |
|
|
|
|
|
|
|
812,490 |
|
Government Obligations |
|
|
7,497,900 |
|
|
|
6,997,900 |
|
|
|
500,000 |
|
Preferred Stock |
|
|
2,064,208 |
|
|
|
2,064,208 |
|
|
|
|
|
Common Stock |
|
|
196,872 |
|
|
|
196,872 |
|
|
|
|
|
Mutual Funds |
|
|
165,383 |
|
|
|
165,383 |
|
|
|
|
|
Other Equity |
|
|
36,128 |
|
|
|
|
|
|
|
36,128 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total |
|
$ |
12,536,138 |
|
|
$ |
9,424,363 |
|
|
$ |
3,111,775 |
|
|
|
|
|
|
|
|
|
|
|
There was no realized income or loss from the Level 2 NJHE bond investment during the
quarter ended February 28, 2010.
18
CCA INDUSTRIES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS
NOTE 8 |
|
ACCOUNTS PAYABLE AND ACCRUED LIABILITIES |
The following items which exceeded 5% of total current liabilities are included in
accounts payable and accrued liabilities as of:
|
|
|
|
|
|
|
|
|
|
|
February 28, |
|
|
November 30, |
|
|
|
2010 |
|
|
2009 |
|
|
|
(In Thousands) |
|
|
(In Thousands) |
|
a) Media advertising |
|
$ |
1,776 |
|
|
$ |
548 |
|
b) Accrued returns |
|
|
1,134 |
|
|
|
1,207 |
|
c) Coop advertising |
|
|
744 |
|
|
|
1,218 |
|
d) Accrued bonuses |
|
|
* |
|
|
|
482 |
|
|
|
|
|
|
|
|
|
|
$ |
3,654 |
|
|
$ |
3,455 |
|
|
|
|
|
|
|
|
All other liabilities were for trade payables or individually did not exceed 5% of
total current liabilities.
Other income consists of the following:
|
|
|
|
|
|
|
|
|
|
|
Three Months Ending |
|
|
|
February 28, |
|
|
|
2010 |
|
|
2009 |
|
|
|
|
|
|
|
|
|
|
Interest and dividend income |
|
$ |
57,938 |
|
|
$ |
110,400 |
|
Royalty income |
|
|
45,000 |
|
|
|
21,589 |
|
Realized gain on sale of Bonds |
|
|
4,134 |
|
|
|
49,985 |
|
Miscellaneous |
|
|
36 |
|
|
|
3,642 |
|
|
|
|
|
|
|
|
|
|
$ |
107,108 |
|
|
$ |
185,616 |
|
|
|
|
|
|
|
|
NOTE 10 |
|
COMMITMENTS AND CONTINGENCIES |
Litigation
The litigation Denise Wally v. CCA Industries was commenced in the Superior Court of
the State of California, County of Los Angeles on September 29, 2009. Wally filed a
class action on her own behalf and for all others similarly situated alleging four
causes of action: Violations of Business & Professional Code 17200 and 17500 and the
Cal. Civil Code 1750 et seq; and advertising Fraud.
The case was removed to the U.S. District Court authorized by the complaint alleging
that the Company sold in excess of $5,000,000 of all SKUs of Mega-T throughout the
country over the last 5 years.
19
CCA INDUSTRIES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS
NOTE 10 |
|
COMMITMENTS AND CONTINGENCIES (CONTINUED) |
Litigation (Continued)
The plaintiff then amended their complaint limiting the violation to one specific SKU
only sold in California. Since the sales of the SKU sold in California were less than
$5,000,000, the case was remanded back to the state court.
As part of its defense, the Company intends to oppose Wallys application to certify
the class. In order to have a class certified under California law, it must be
established, among other items that an ascertainable class and commonality of
interest among purported class members exists. The Companys position is that there
are factual issues with the individual purchasers of the Companys dietary supplement
that preclude class certification. There is also a body of law in California that
supports the Companys position on class certification. Should the court deny class
certification, it is possible that the pending action may not continue.
Should the court grant class certification then the issues to be tried will include the
merits of the plaintiffs claim that the product did not provide the service it was
advertised to perform to the purchasers of its product and that its advertising was
misleading. The Company believes that it has marketed a product [green tea] that has
been consumed by the public for centuries. The Company provides a product that
contains a green tea extract caplet together with a diet and exercise plan. The
Company contends that it has marketed its product in compliance with all applicable
federal and state requirements.
As the Wally action is in its initial stages, the Company has not formed a
conclusion that an adverse outcome in the pending action is more likely than not.
Accordingly, the Company has not recorded any contingent liability related to the Wally
action for the quarter ended February 28, 2010.
Dividends
On December 21, 2009, the board of directors declared a $0.07 per share dividend for
the first quarter ended February 28, 2010. The dividend was payable to all
shareholders of record as of February 1, 2010 and was paid on March 1, 2010.
20
CCA INDUSTRIES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS
NOTE 10 |
|
COMMITMENTS AND CONTINGENCIES (CONTINUED) |
Collective Bargaining Agreement
On July 8, 2008, the Company signed a collective bargaining agreement with Local 108,
L.I.U. of N.A., AFL-CIO with similar provisions of the one that expired on January 1,
2008. The new agreement is effective January 1, 2008. Other than standard wage,
holiday, vacation and sick day provisions, the agreement requires the Company to
contribute to the Recycling and General Industrial Union Local 108 Welfare Fund
(Welfare Fund) certain benefits costs. The Welfare Fund provides medical, dental and
life insurance for the Companys employees covered under the collective bargaining
agreement. The new collective bargaining agreement is in effect through December 31,
2010. This agreement pertains to 32% of the CCA labor force.
The Company has adopted a 401(K) Profit Sharing Plan that all employees with over one
year of service and attained age 21 are eligible to join. Employees may make salary
reduction contributions up to twenty-five percent of compensation not to exceed the
federal government limits. The Plan allows for the Company to make discretionary
contributions. For all fiscal periods to date, the Company did not make any
contributions.
CCA and its subsidiaries file a consolidated federal income tax return.
The Company previously adopted the provisions of ASC Subtopic 740-10-25, Uncertain Tax
Positions. Management believes that there were no unrecognized tax benefits, or tax
positions that would result in uncertainty regarding the deductions taken, as of
February 28, 2010 and February 28, 2009. ASC Subtopic 740-10-25 prescribes a
recognition threshold and a measurement attribute for the financial statement
recognition and measurement of tax positions taken or expected to be taken in a tax
return. For those benefits to be recognized, a tax position must be
more-likely-than-not to be sustained upon examination by taxing authorities. There
were no penalties or related interest for the fiscal year to date ended February 28,
2010 or for the fiscal year to date ended February 28, 2009.
The United States Internal Revenue Service completed in 2009 an examination of the
Companys U.S. tax return for fiscal 2006. As a result of that examination, the
Company received a refund of $94,195 in federal taxes for the 2006 fiscal year. The
audit adjustments resulted in refunds from amended state tax returns for 2006 of
$28,145, and an additional $196,335 in refunds from federal and state amended returns
for fiscal 2007. The State of New Jersey, Department of The Treasury, Division of
Taxation is currently examining state income and sales tax returns filed for the fiscal
years 2004 2008. As of April 14, 2010, no adjustments have been proposed. No other
state has notified the
21
CCA INDUSTRIES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS
NOTE 12 |
|
INCOME TAXES (Continued) |
Company of its intent to conduct an examination of tax returns filed in their
jurisdictions. The Company had $167,734 and $107,691 of officer salaries during the
three months ended February 28, 2010 and 2009, respectively that were not deductible
for tax purposes in calculating the income tax provision. As of February 28, 2010,
the Company had unrealized losses on its investments of $150,154. This amount was
reduced by a deferred tax benefit of $59,912, of which $39,900 was recorded in prior
periods and $20,012 was recorded in fiscal 2010. The deferred tax benefit has been
recorded as a deferred tax asset, and offset against the unrealized losses reported on
the balance sheet.
At February 28, 2010 and November 30, 2009, respectively, the Company had temporary
differences arising from the following:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
February 28, 2010 |
|
|
|
|
|
|
|
|
|
|
|
Classified As |
|
|
|
|
|
|
|
Deferred |
|
|
Short-Term |
|
|
Long- Term |
|
Type |
|
Amount |
|
|
Tax |
|
|
Asset |
|
|
(Liability) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Depreciation |
|
$ |
(302,371 |
) |
|
$ |
(120,646 |
) |
|
$ |
|
|
|
$ |
(120,646 |
) |
Unrealized
loss on investments |
|
|
150,154 |
|
|
|
59,912 |
|
|
|
59,912 |
|
|
|
|
|
Reserve for bad debts |
|
|
36,500 |
|
|
|
14,563 |
|
|
|
14,563 |
|
|
|
|
|
Reserve for returns |
|
|
1,577,871 |
|
|
|
629,571 |
|
|
|
629,571 |
|
|
|
|
|
Reserve for obsolete
inventory |
|
|
816,563 |
|
|
|
325,809 |
|
|
|
325,809 |
|
|
|
|
|
Vacation accrual |
|
|
288,579 |
|
|
|
115,143 |
|
|
|
115,143 |
|
|
|
|
|
Charitable Contributions |
|
|
52,952 |
|
|
|
21,127 |
|
|
|
21,127 |
|
|
|
|
|
Section 263A costs |
|
|
266,939 |
|
|
|
106,509 |
|
|
|
106,509 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net deferred income tax |
|
|
|
|
|
$ |
1,151,988 |
|
|
$ |
1,272,634 |
|
|
$ |
(120,646 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
November 30, 2009 |
|
|
|
|
|
|
|
|
|
|
|
Classified As |
|
|
|
|
|
|
|
Deferred |
|
|
Short-Term |
|
|
Long- Term |
|
Type |
|
Amount |
|
|
Tax |
|
|
Asset |
|
|
(Liability) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Depreciation |
|
$ |
(192,804 |
) |
|
$ |
(76,929 |
) |
|
$ |
|
|
|
$ |
(76,929 |
) |
Unrealized loss on
investments |
|
|
314,428 |
|
|
|
125,457 |
|
|
|
125,457 |
|
|
|
|
|
Reserve for bad debts |
|
|
131,223 |
|
|
|
52,358 |
|
|
|
52,358 |
|
|
|
|
|
Reserve for returns |
|
|
1,453,591 |
|
|
|
579,983 |
|
|
|
579,983 |
|
|
|
|
|
Reserve for obsolete
inventory |
|
|
760,001 |
|
|
|
303,240 |
|
|
|
303,240 |
|
|
|
|
|
Vacation accrual |
|
|
276,161 |
|
|
|
110,188 |
|
|
|
110,188 |
|
|
|
|
|
Charitable Contributions |
|
|
9,569 |
|
|
|
3,818 |
|
|
|
3,818 |
|
|
|
|
|
Section 263A costs |
|
|
261,298 |
|
|
|
104,258 |
|
|
|
104,258 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Deferred income tax |
|
|
|
|
|
|
1,202,373 |
|
|
|
1,279,302 |
|
|
$ |
(76,929 |
) |
Valuation allowance |
|
|
|
|
|
|
(85,557 |
) |
|
|
(85,557 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net deferred income tax |
|
|
|
|
|
$ |
1,116,816 |
|
|
$ |
1,193,745 |
|
|
$ |
(76,929 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
22
CCA INDUSTRIES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS
NOTE 12 |
|
INCOME TAXES (CONTINUED) |
Income tax expense is made up of the following components:
|
|
|
|
|
|
|
|
|
|
|
Three Months Ended February 28, |
|
|
|
2010 |
|
|
2009 |
|
|
|
|
|
|
|
|
|
|
Current tax expense Federal |
|
$ |
329,681 |
|
|
$ |
152,190 |
|
Current tax expense State & Local |
|
|
96,425 |
|
|
|
46,330 |
|
Deferred tax (benefit) |
|
|
(15,160 |
) |
|
|
(46,151 |
) |
|
|
|
|
|
|
|
Total tax expense |
|
$ |
410,946 |
|
|
$ |
152,369 |
|
|
|
|
|
|
|
|
Prepaid and refundable income taxes are made up of the following components:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
State & |
|
|
|
|
|
|
Federal |
|
|
Local |
|
|
Total |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
February 28, 2010 |
|
$ |
378,616 |
|
|
$ |
53,316 |
|
|
$ |
431,932 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
November 30, 2009 |
|
$ |
|
|
|
$ |
89,535 |
|
|
$ |
89,535 |
|
|
|
|
|
|
|
|
|
|
|
Income tax payable is made up of the following components:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
State & |
|
|
|
|
|
|
Federal |
|
|
Local |
|
|
Total |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
February 28, 2010 |
|
$ |
|
|
|
$ |
|
|
|
$ |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
November 30, 2009 |
|
$ |
61,303 |
|
|
$ |
85,850 |
|
|
$ |
147,153 |
|
|
|
|
|
|
|
|
|
|
|
23
CCA INDUSTRIES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS
NOTE 12 |
|
INCOME TAXES (CONTINUED) |
A reconciliation of income tax expense computed at the statutory rate to income tax
expense at the effective rate for the three months ended February 28, 2010 and 2009 is
as follows:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Three Months Ended |
|
|
|
Three Months Ended |
|
|
February 28, 2009 |
|
|
|
February 28, 2010 |
|
|
|
|
|
|
Percent |
|
|
|
|
|
|
|
Percent |
|
|
|
|
|
|
of Pretax |
|
|
|
Amount |
|
|
Amount |
|
|
Amount |
|
|
Income |
|
Income tax expense
at federal statutory rate |
|
$ |
323,850 |
|
|
|
34.00 |
% |
|
$ |
94,090 |
|
|
|
34.00 |
% |
Increases in taxes
resulting from: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
State income taxes, net of federal
income tax benefit |
|
|
56,579 |
|
|
|
5.94 |
|
|
|
16,438 |
|
|
|
5.94 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Non-deductible expenses and
other adjustments |
|
|
30,517 |
|
|
|
3.20 |
|
|
|
41,841 |
|
|
|
15.11 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Income tax expense
at effective rate |
|
$ |
410,946 |
|
|
|
43.14 |
% |
|
$ |
152,369 |
|
|
|
55.05 |
% |
|
|
|
|
|
|
|
|
|
|
|
|
|
NOTE 13 |
|
SUBSEQUENT EVENTS |
The Company
has just voluntarily requested that its accounts return three (3) lots
consisting of approximately 140,000 units of its Plus White whitening
gel which was shipped in March and early April, 2010. The gel subsequently liquefied
(a cosmetic change) which caused the product to lose its efficacy. The Company has agreed to
replace the units or credit all accounts and refund any consumer for their purchase of the
defective product.
The Company
has their whitening gels manufactured by a non-affiliated contract manufacturer and arranges
with outside suppliers to ship the raw material used in the process directly to the manufacturer.
The same manufacturer has been manufacturing the particular gel for several years without any
prior incident. The cause of the liquefying of the gel is actively being investigated by both
the Company and the manufacturer. The Company believes that the gross sales of the defective
merchandise delivered to customers were approximately $435,000,
however the Company does not know at this
time the extent of the total damages which we may sustain. To the
extent applicable, the Company
is a named insured under the contract manufacturers two million dollar Product Liability
Insurance policy.
24
CCA INDUSTRIES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS
NOTE 13 |
|
SUBSEQUENT EVENTS (CONTINUED) |
On February 24, 2010, the Company announced that the Board of Directors had declared a
$0.07 per share dividend for the second quarter of 2010, payable to all shareholders of
record as of May 3, 2010, and payable on June 3, 2010.
On February 11, 2010, the Company received a letter from Wells Fargo Securities, LLC,
informing the Company that they would be repurchasing the New Jersey Higher Education
Bond auction rate security from the Company at par value pursuant to a settlement
agreement between Wells Fargo Securities, LLC and the California Attorney General. In
March 2010, the Company received payment in the amount of $500,000, which was the par
value of the New Jersey Higher Education Bond.
The Company has evaluated subsequent events that occurred during the period of February
28, 2010 through April 14, 2010, the date that these financial statements were issued.
Except as disclosed above, management concluded that no other events required potential
adjustment to, or disclosure in these consolidated financial statements.
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ITEM 2. |
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MANAGEMENTS DISCUSSION AND ANALYSIS OF RESULTS
OF OPERATIONS AND FINANCIAL CONDITION (UNAUDITED) |
Except for historical information contained herein, this Managements Discussion and Analysis
of Financial Condition and Results of Operations contains forward-looking statements. These
statements involve known and unknown risks and uncertainties that may cause actual results or
outcomes to be materially different from any future results, performances or achievements expressed
or implied by such forward-looking statements, and statements which explicitly describe such
issues. Investors are urged to consider any statement labeled with the terms believes,
expects, intends or anticipates to be uncertain and forward-looking.
OVERVIEW
Net income for the first quarter ended February 28, 2010 was $541,554 as opposed to $124,366
for the same period in 2009, an increase of $417,188. Net income increased primarily due to a
decrease in advertising expense during the first quarter of fiscal 2010 as compared to the first
quarter of fiscal 2009 of $2,007,773, partially offset by lower net sales of $1,667,673. Net sales
for the first quarter of fiscal 2010 were $13,091,177 as compared to $14,758,850 for the same
period in fiscal 2009. The Companys balance sheet as of February 28, 2010 reflects $35,084,126 in
current assets and $9,211,202 in current liabilities. The Company does not have any loan or line
of credit bank debt.
OPERATING RESULTS FOR THE THREE MONTHS ENDED FEBRUARY 28, 2010
For the three-month period ended February 28, 2010, the Company had revenues of $13,198,285 and net
income of $541,554 after provision for taxes of $410,946. For the same three month period in 2009,
revenues were $14,944,466 and net income was $124,366 after a provision for taxes of $152,369.
Fully diluted earnings per share were $0.08 for the first quarter of 2010 as compared to fully
diluted earnings per share of $0.02 for the first quarter of 2009. In accordance with
ASC Topic 605-10-S99, Revenue Recognition, the Company has accounted for certain sales incentives
offered to customers by charging them directly to sales as opposed to advertising and promotional
expenses. Net sales for the first quarter of 2010 were reduced by $1,556,676 and offset by an
equal reduction of trade promotional expenses, which were included in the Companys advertising
expense budget. In the same period of the prior year, net sales were reduced by $1,276,212 and
trade promotion was credited by that amount. These accounting adjustments under ASC Topic
605-10-S99 do not affect net income.
The Companys net sales decreased $1,667,673 to $13,091,177 for the three-month period ended
February 28, 2010 from $14,758,850 for the three-month period ended February 28, 2009. Part of the
net sales decrease was due to sales incentives for the first quarter of 2010, which increased
$280,464 in the first quarter of 2010 as compared to the first quarter of 2009 in order to promote
the Companys brands with the consumer. The Companys gross sales of its diet products were
$1,333,213 less in the first quarter of 2010 as compared to the first quarter of 2009. Sales of
the Plus+White® oral care brand were also $268,577 lower in the first quarter of 2010 as compared
to the same period in 2009. The Company previously disclosed in Form 8-K, filed with the United
States Securities and Exchange Commission on January 21, 2009, that Wal-Mart had advised the
Company, due to the
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ITEM 2. |
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MANAGEMENTS DISCUSSION AND ANALYSIS OF RESULTS
OF OPERATIONS AND FINANCIAL CONDITION (UNAUDITED)
(CONTINUED) |
slowdown in the economy it will only carry the leading brands in their oral care sections, and as a result will no longer be
purchasing the Companys Plus+White® oral care products brand. These gross sales decreases were
partially offset by increases in the Cherry Vanilla (fragrance), Solar Sense (skin care) and Pain
Buster-R II (analgesic) brands. Sales returns and allowances, not including sales incentives, were
7.47% of gross sales for the three-month period ended February 28, 2010 versus 9.39% for the same
period last year. Returns were higher in the first quarter of 2009 due to discontinued products
and related markdown allowances. As part of the Companys brand strategies, products are constantly
reviewed, with new products introduced and non-performing ones discontinued. Included in sales
returns and allowances is the cost of the coupons issued by the Company, which was approximately
$94 thousand in the first quarter of 2010 as compared to approximately $119 thousand in the first
quarter of 2009. The Company uses a national clearing house for the receipt and processing of
coupons from our retail partners. The national clearing house renders invoices to the Company on a
weekly basis for coupons that they have processed which are recorded as an expense in the period
for which the invoice is dated. The Company also records an expense accrual at the end of each
period equal to the prior six weeks of invoices rendered based on information from the national
clearing house that there is an average lag time of six weeks between the time that the retailer
receives the coupon and when the Company receives the invoice. The amount recorded as an expense
or accrued includes the retailer cost of the coupon in addition to any processing charges by the
national coupon clearing house. Coupons are issued by the Company to be used with the purchase of
specific products, with an expiration date noted on the coupon.
The Companys net sales by category for the first quarter of 2010 were: Dietary Supplement
$4,939,051, 37.7%; Skin Care $3,782,780, 28.9%; Oral Care $2,517,673, 19.2%; Nail Care $1,349,600,
10.3%; Fragrance, $271,774, 2.1%; Analgesic $195,813, 1.5%; and Hair Care and Miscellaneous
$34,486, 0.3%; for a total of $13,091,177.
The Company makes every effort to control the cost of manufacturing and has had no substantial
cost increases. The gross margin for the first quarter of 2010 was 61.6%, slightly less than the
first quarter 2009 gross margin of 61.9%. Selling, general and administrative expenses were
$153,535 higher in the first quarter of 2010 as compared to the same period in 2009. The Company
had higher expenses for health insurance, rent, warehouse temporary help, new employee recruiting
fees and the donation of inventory offset partly by lower personnel costs. The donation of
inventory also gives the Company an additional tax benefit reflected in the provision for income
tax. Advertising expense was $1,551,506 for the quarter ended February 28, 2010 as compared to
$3,559,279 for the quarter ended February 28, 2009, or a decrease of $2,007,773. Of this amount,
$1,666,286 was due to lower media advertising, $229,672 of lower co-operative advertising that is
reflected as a selling expense and $107,193 of lower print advertising expense. The Companys
advertising expense changes from quarter to quarter based on the timing of the Companys
promotions.
Income before taxes was $952,500 for the quarter ended February 28, 2010 as compared to
$276,735 for the same quarter in 2009. The effective tax rate for the first quarter of 2010 was
43.14% versus 55.05% for the first quarter of 2009. The provision for income tax included
non-deductible expenses and adjustments that increased the income tax expense by $30,517 or 3.2% of
pre-tax income for the first quarter of 2010 as compared to $41,841 or 15.11% of pre-tax income for
the same period in fiscal 2009. The higher amount of non-deductible expenses and adjustment in the first quarter of
2009 resulted in the higher effective tax rate for that period. During the first quarter ending
February 28, 2010 and 2009, there was $167,734 and $107,691, respectively of officer salaries
incurred that were not deductible for tax purposes in calculating the income tax provision.
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ITEM 2. |
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MANAGEMENTS DISCUSSION AND ANALYSIS OF RESULTS
OF OPERATIONS AND FINANCIAL CONDITION (UNAUDITED)
(CONTINUED) |
FINANCIAL POSITION AS OF FEBRUARY 28, 2010
The Companys financial position as of February 28, 2010 consisted of current assets of
$35,084,126 and current liabilities of $9,211,202, or a current ratio of 3.8 to 1. The Companys
cash and cash equivalents were $6,899,526 as of February 28, 2010, a decrease of $944,843 from
November 30, 2009. Included in this decrease was net cash used by operating activities of
$2,051,891, net cash provided by investing activities of $1,615,296, and net cash used in financing
activities of $508,248. Included in the net cash used in financing activities was $493,811 of
dividends paid.
As of February 28, 2010, the Company had $7,758,285 of short term marketable securities and
$3,307,755 of non-current securities. The Companys cash and cash equivalents together with both
short and long term marketable securities, net of current liabilities were $8,754,364 as of
February 28, 2010. Please refer to Note No. 7 of the financial statements for further information
regarding the Companys investments.
Accounts receivable increased to $9,531,704 as of February 28, 2010 from $7,613,273 as of
November 30, 2009. Included in net accounts receivable are reserves for returns and allowances of
$1,577,871 and allowances for doubtful accounts of $36,500. Gross receivables were further reduced
by $968,095, which were reclassified from accrued liabilities, as an estimate of the co-operative
advertising that will be taken as a credit against payments. In addition, accrued liabilities
include $743,562 which is an estimate of co-operative advertising expense relating to fiscal 2010
sales which are anticipated to be deducted from future invoices rather than against the current
accounts receivable. Any changes in this accrued liability are recorded as a debit or credit to
the reserve for returns and allowances account. The gross accounts receivable as of February 28,
2010 was higher as compared to the balance on November 30, 2009 due to the timing of the Companys
sales.
Inventory increased to $8,563,845 as of February 28, 2010 from $8,327,277 as of November 30,
2009. The inventory increased to support the anticipated sales in the second quarter of 2010.
The inventory obsolescence reserve increased to $816,563 as of February 28, 2010 from $760,001 as
of November 30, 2009. Changes to the inventory obsolescence reserves are recorded as an increase
or decrease to the cost of goods.
The deferred income tax asset increased to $1,272,634 as of February 28, 2010 from $1,193,745
as of November 30, 2009. The Company expects that all of the deferred tax assets will be realized
within the next twelve month period subsequent to February 28, 2010. The deferred tax assets
include $59,911 related to the Companys unrealized losses of $150,154 on its investments as of
February 28, 2010. The unrealized losses reported on the balance sheet were $90,242, which is net
of the deferred tax benefit. The Company had reported a valuation allowance of $85,557 as of
November 30, 2009 against the deferred tax benefit resulting from the unrealized losses on
investments. There is no valuation allowance against the deferred tax benefit from unrealized losses at February 28, 2010, as the Company
believes that if the unrealized losses were realized, the full amount of the deferred tax benefit
would also be realized in the subsequent twelve months, based on capital gains earned over the
prior three years and anticipated gains over the next year. The deferred tax liability increased
to $120,646 at February 28, 2010 as compared to $76,929 as of November 30, 2009. The liability is
due to the difference in depreciation between the Companys books and income tax returns.
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ITEM 2. |
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MANAGEMENTS DISCUSSION AND ANALYSIS OF RESULTS
OF OPERATIONS AND FINANCIAL CONDITION (UNAUDITED)
(CONTINUED) |
Shareholders equity increased to $30,451,877 as of February 28, 2010 from $30,219,848 as of
November 30, 2009. The increase was due to net income of $541,554 and unrealized holding gains of
$184,286 during the first quarter ended February 28, 2010, offset partially by dividends declared
of $493,811 during the same period. Unrealized holding gains or losses are recorded as other
comprehensive income. The unrealized gains were mainly due to the change in the market price of
the preferred stock investments. Total unrealized losses on marketable securities were $90,242 at
February 28, 2010, net of a deferred tax benefit of $59,911.
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ITEM 3. |
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QUANTITATIVE AND QUALITATIVE
DISCLOSURE ABOUT MARKET RISK |
The Companys financial statements record the Companys investments under the mark to market
method (i.e., at date-of-statement market value). The investments are, categorically listed, in
Fully Guaranteed Bank Certificates of Deposit, Common Stock, Mutual Funds, Other Equity,
Preferred Stock, Government Obligations and Corporate Obligations. $422,644 of the Companys
$11,066,040 portfolio of investments (approximate, as at February 28, 2010) is invested in the
Common Stock and Other Equity categories, and approximately $2,245,452 in the Preferred Stock
holdings category. The Company invests in various investment securities. Investment securities
are exposed to various risks such as interest rates, market and credit risks. Due to the level of
risk associated with certain investment securities, it is at least reasonably possible that changes
in the values of investment securities will incur in the near term. The Company does not take
positions or engage in transactions in risk-sensitive market instruments in any substantial degree,
nor as defined by SEC rules and instructions, however, due to current securities market conditions,
the Company cannot ascertain the risk of any future change in the market value of its investments.
ITEM 4T. CONTROLS AND PROCEDURES
An evaluation was performed under the supervision of the Companys management, including the
Chief Executive Officer and Chief Financial Officer, of the effectiveness of the design and
operation of the Companys disclosure controls and procedures (as defined in the Exchange Act
Rules 13a-15(e) and 15d-15(e)) as of the end of the period covered by this report. Based on that
evaluation, the Companys management, including the Chief Executive Officer and Chief Financial
Officer, concluded that, as of February 28, 2010, the Companys disclosure controls and procedures
were effective to ensure that information we are required to disclose in reports that we file or
submit under the Exchange Act is recorded, processed, summarized and reported within the time
periods specified in the Commissions rules and forms, and is accumulated and communicated to our
management, including the Chief Executive Officer and Chief Financial Officer, as appropriate, to
allow timely decisions regarding required disclosure.
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ITEM 4T. CONTROLS AND PROCEDURES (CONTINUED)
Notwithstanding the foregoing, there can be no assurance that the Companys disclosure
controls and procedures will detect or uncover all failures of persons within the Company to
disclose material information otherwise required to be set forth in the Companys periodic reports.
There are inherent limitations to the effectiveness of any system of disclosure controls and
procedures, which includes the possibility of human error and the circumvention or overriding of the
controls and procedures. Accordingly, even effective disclosure controls and procedures can only
provide reasonable, not absolute, assurance of achieving their control objectives.
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CCA INDUSTRIES, INC.
PART II OTHER INFORMATION
ITEM 1. LEGAL PROCEEDINGS:
The litigation Denise Wally v. CCA Industries was commenced in the Superior Court of the State
of California, County of Los Angeles on September 29, 2009. Wally filed a class action on her
own behalf and for all others similarly situated alleging four causes of action: Violations of
Business & Professional Code 17200 and 17500 and the Cal. Civil Code 1750 et seq; and advertising
Fraud.
The case was removed to the U.S. District Court authorized by the complaint alleging that the
Company sold in excess of $5,000,000 of all SKUs of Mega-T throughout the country over the last 5
years.
The plaintiff then amended their complaint limiting the violation to one specific SKU only
sold in California. Since the sales of the SKU sold in California were less than $5,000,000, the
case was remanded back to the state court.
As part of its defense, the Company intends to oppose Wallys application to certify the
class. In order to have a class certified under California law, it must be established, among other
items that an ascertainable class and commonality of interest among purported class members
exists. The Companys position is that there are factual issues with the individual purchasers of
the Companys dietary supplement that preclude class certification. There is also a body of law in
California that supports the Companys position on class certification. Should the court deny
class certification, it is possible that the pending action may not continue.
Should the court grant class certification then the issues to be tried will include the merits
of the plaintiffs claim that the product did not provide the service it was advertised to perform
to the purchasers of its product and that its advertising was misleading. The Company believes
that it has marketed a product [green tea] that has been consumed by the public for centuries. The
Company provides a product that contains a green tea extract caplet together with a diet and
exercise plan. The Company contends that it has marketed its product in compliance with all
applicable federal and state requirements.
While the Company continues to deny the allegations regarding the Companys advertising, the
costs and expenses to the Company associated with defending the case, together with the future
payment, if any, of a judgment or settlement, could have a material effect on the operating
earnings in the financial period in which the litigation is resolved. In addition, until the
litigation is resolved, the Company will continue to incur legal costs that might have a material
effect on the operating earnings in the period when the legal expense is incurred. The Company
incurred legal costs as a result of the litigation of $61,636 during the first quarter of 2010.
The Company previously incurred $100,319 in litigation legal costs during the fourth quarter of
2009. The Company is unable at this time to estimate the amount of future litigation costs. The
plaintiff did not specify any monetary damages in the lawsuit, and accordingly the Company cannot
estimate a potential loss or a range of potential loss as a result of any potential judgment or
settlement, if any, of the litigation.
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ITEM 5. EXHIBITS.
In reviewing the agreements included as exhibits to this Form 10-Q, please remember that they
are included to provide you with information regarding their terms and are not intended to provide
any other factual or disclosure information about the Company or the other parties to the
agreements. The agreements may contain representations and warranties by each of the parties to the
applicable agreement. These representations and warranties have been made solely for the benefit of
the parties to the applicable agreement and:
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should not in all instances be treated as categorical statements of fact, but rather as
a way of allocating the risk to one of the parties if those statements prove to be
inaccurate; |
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have been qualified by disclosures that were made to the other party in connection with
the negotiation of the applicable agreement, which disclosures are not necessarily
reflected in the agreement; |
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may apply standards of materiality in a way that is different from what may be viewed
as material to you or other investors; and |
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were made only as of the date of the applicable agreement or such other date or dates
as may be specified in the agreement and are subject to more recent developments. |
Accordingly, these representations and warranties may not describe the actual state of affairs
as of the date they were made or at any other time. Additional information about the Company may be
found elsewhere in this Form 10-Q and the Companys other public filings, which are available
without charge through the SECs website at http://www.sec.gov.
The following exhibits are included as part of this report:
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Exhibit No. |
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Description |
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11 |
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Computation of Unaudited Earnings Per Share |
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31.1 |
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Certification of Chief Executive Officer pursuant to Section 302 the Sarbanes-Oxley Act of 2002 |
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31.2 |
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Certification of Chief Financial Officer pursuant to Section 302 the Sarbanes-Oxley Act of 2002 |
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32.1 |
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Certification of Chief Executive Officer pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 |
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32.2 |
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Certification of Chief Financial Officer pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 |
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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, thereunto duly authorized.
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Date: April 14, 2010 |
CCA INDUSTRIES, INC.
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By: |
/s/
David Edell |
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David Edell, Chief Executive Officer |
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By: |
/s/ Stephen A. Heit |
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Stephen A. Heit, Chief Financial Officer |
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