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Case Status:    DISMISSED    
On or around 02/28/2022 (Date of order of final judgment)

Filing Date: February 25, 2020

According to the Complaint, Tupperware Brands Corporation operates as a direct-to-consumer marketer of various products across a range of brands and categories in Europe, Africa, the Middle East, the Asia Pacific, North America, and South America. The Company engages in the manufacture and sale of an array of products for consumers under the Tupperware brand name. The Company also manufactures and distributes skin and hair care products, cosmetics, bath and body care, toiletries, fragrances, jewelry, and nutritional products under the Avroy Shlain, Fuller, NaturCare, Nutrimetics, and Nuvo brands.

The Complaint alleges that Defendants throughout the Class Period made false and/or misleading statements and/or failed to disclose that: (1) Tupperware lacked effective internal controls; (2) as a result, Tupperware would need to investigate Fuller Mexico's accounting and liabilities; (3) consequently, Tupperware would be unable to timely file its annual report on Form 10-K for its fiscal year 2019; (4) Tupperware did not properly account for its accounts payable and accrued liabilities at Fuller Mexico; (5) Tupperware provided overvalued earnings per share guidance; (6) Tupperware would need relief from its $650 million Credit Agreement; and (7) as a result, Defendants' statements about its business, operations, and prospects were materially false and misleading and/or lacked a reasonable basis at all relevant times.

On April 30, 2020, the Court issued an Order transferring the case to the Middle District of Florida. On May 8, the Court issued an Order consolidating cases under Docket 20-CV-00357. This was followed by a second Order to Consolidate on June 16, also designating 20-CV-00357 as the lead case. The Order also appointed Lead Plaintiff and Counsel.

Lead Plaintiff filed a consolidated amended Complaint on July 31. Defendants filed Motions to Dismiss the consolidated amended Complaint on September 23. On January 25, 2021, the Court issued an Order granting Defendants' Motions to Dismiss. Plaintiff was given leave to amend the Complaint.

On February 16, 2021, Lead Plaintiff filed a consolidated second amended Complaint. Defendants filed a Motion to Dismiss the consolidated second amended Complaint on April 2. On August 9, the Court issued an Order granting Defendants' Motion to Dismiss. The Complaint was dismissed without prejudice.

Lead Plaintiff filed a consolidated third amended Complaint on August 30, 2021. On October 14, Defendants filed a Motion to Dismiss the consolidated third amended Complaint. On February 4, 2022, the Court issued an Order granting Defendants' Motion to Dismiss. The case was dismissed with prejudice. On February 28, the Court entered Judgment in favor of the Defendants.

Lead Plaintiff filed a notice appealing the Court's Dismissal Order on February 28, 2022. On August 8, 2023, the Court of Appeals affirmed the District Court's Dismissal Order.

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