UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
SCHEDULE
14A
Proxy
Statement Pursuant to Section 14(a) of
the
Securities Exchange Act of 1934 (Amendment No. )
Filed by
the Registrant x
Filed by
a Party other than the Registrant o
Check the
appropriate box:
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o
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Preliminary Proxy
Statement
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o
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Confidential, for Use of the
Commission Only (as permitted by Rule
14a-6(e)(2))
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o
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Definitive Proxy
Statement
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x
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Definitive
Additional Materials
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o
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Soliciting Material
Pursuant to §240.14a-12
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Smart
Balance, Inc.
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(Name
of Registrant as Specified In Its Charter)
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(Name
of Person(s) Filing Proxy Statement, if other than the
Registrant)
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Payment
of Filing Fee (Check the appropriate box):
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x
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No
fee required.
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o
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Fee
computed on table below per Exchange Act Rules 14a-6(i)(1)
and 0-11.
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(1)
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Title
of each class of securities to which transaction
applies:
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(2)
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Aggregate
number of securities to which transaction
applies:
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(3)
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Per
unit price or other underlying value of transaction computed pursuant to
Exchange Act Rule 0-11 (set forth the amount on which the filing fee is
calculated and state how it was
determined):
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(4)
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Proposed
maximum aggregate value of
transaction:
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(5)
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Total
fee paid:
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o
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Fee
paid previously with preliminary
materials.
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o
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Check
box if any part of the fee is offset as provided by Exchange Act
Rule 0-11(a)(2) and identify the filing for which the offsetting fee
was paid previously. Identify the previous filing by registration
statement number, or the Form or Schedule and the date of its
filing.
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(1)
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Amount
Previously Paid:
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(2)
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Form,
Schedule or Registration Statement
No.:
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(3)
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Filing
Party:
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(4)
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Date
Filed:
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Smart
Balance, Inc. issued the following press release on February 9,
2011.
Smart
Balance to Hold Special Meeting of Stockholders
Paramus, N.J. (February 8,
2011) – Smart Balance, Inc. (NasdaqGM: SMBL) will hold a special meeting
of stockholders at 10:00 a.m. EST on Tuesday, February 15, 2011, to vote on a
proposed Option Exchange Program for employees of the Company, other than
executive officers and directors. The special meeting will be held at
the Saddle Brook Marriott, 138 New Pehle Avenue, Saddle Brook, New Jersey
07663. Stockholders of record at the close of business on December
27, 2010, are entitled to attend and vote on all matters that properly come
before the meeting.
Based on
discussions the Company has had with some of its stockholders, the Board of
Directors has determined not to proceed with the previously proposed Option
Exchange Program for executive officers and employee
directors. Accordingly, this Option Exchange Program will not be
submitted for a vote of stockholders at the special meeting.
Important
Information
The
Company has not initiated the Option Exchange Program for employees and will not
do so unless we obtain approval for the program from the Company’s stockholders
at the special meeting. Even if stockholder approval is obtained, the
Company may still decide to not implement the program or to delay its
implementation. The Company has filed with the Securities and
Exchange Commission (SEC) a definitive proxy statement for a special meeting of
stockholders to be held to vote on the Option Exchange
Program. Stockholders of the Company should read the proxy statement
and other related materials when they become available because they will contain
important information about the Option Exchange Program for employees, including
information relating to the Company's participants in the Company's solicitation
of proxies and their interests in the Option Exchange Program for
employees. In addition, if the program is commenced, the
Company will file a Tender Offer Statement on Schedule TO with the
SEC. If you are eligible to participate in the program, you should
read the Tender Offer Statement and other related materials when they become
available because they will contain important information about the Option
Exchange Program. Company stockholders and option holders will be
able to obtain these written materials and other documents filed by the Company
with the SEC free of charge from the SEC’s website at www.sec.gov.
About
Smart Balance, Inc.
Smart
Balance, Inc. (NasdaqGM: SMBL) is committed to providing superior tasting heart
healthier alternatives in every category it enters by avoiding trans fats
naturally, balancing fats and/or reducing saturated fats, total fat and
cholesterol. The company markets the Smart Balance® line of
products, which include Smart Balance® Buttery
Spreads, Milk, Butter Blend Sticks, Sour Cream, Peanut Butter, Microwave
Popcorn, Cooking Oil, Mayonnaise, Non-Stick Cooking Spray and Cheese, and also
markets natural food products under the Earth Balance® brand
and healthier lifestyle products under the Bestlife™ brand.
For more
information about Smart Balance, Inc., Smart Balance® products
and the Smart Balance™ Food Plan, please visit http://www.smartbalance.com.
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Media
Contact:
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Investor
Contact:
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Brent
Burkhardt
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John
Mintz
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Executive
Vice President
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Vice
President Finance &
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Managing
Director
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Investor
Relations
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TBC
Public Relations
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Smart
Balance, Inc.
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bburkhardt@tbc.us
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investor@smartbalance.com
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410-986-1303
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201-568-9300
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