What was the result on appeal in Steven Klein, Warren Brandwine v. General Nutrition Companies, Inc., the case in the text in which the plaintiffs claimed that defendant GNC violated several securities regulations by failing to disclose material facts in its prospectus?
A) That the defendant violated securities regulations by failing to disclose a possible loss of advertising support based on the advertiser's decrease in sales.
B) That the defendant violated securities regulations by failing to disclose a worldwide vitamin E shortage that could affect the defendant's sales.
C) That the defendant violated securities regulations by failing to disclose that same-store sales were being adversely affected by the opening by the defendant of new stores in close proximity to old stores.
D) That the defendant violated securities regulations by failing to disclose a possible loss of advertising support based on an advertiser's decrease in sales; by failing to disclose a worldwide vitamin E shortage that could affect the defendant's sales; and by failing to disclose that same-store sales were being adversely affected by the opening by the defendant of new stores in close proximity to old stores.
E) That there was no violation of securities laws because all alleged omissions were immaterial as a matter of law.
Correct Answer:
Verified
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