What is the Healthier Choices Management Corp (HCMC) lawsuit.4 things you should be aware of

by angel

Consumers can benefit from healthier alternatives to everyday living choices provided by Healthier Choices Management Corp. (OTCMKTS: HCMC), established in the United States. Ada’s Natural Market, an 18,000 sq. ft. full-service grocery store serving the Fort Myers, FL area, and three (3) Paradise Health & Nutrition locations in the greater Melbourne, FL area are all operated by the Company’s wholly-owned subsidiaries, Healthy Choice Markets and Healthy Choice Markets 2, respectively. The Company is already a revenue behemoth, generating more than $1 million in sales per month in 2020; on March 5, HCMC released its financial results for the fourth quarter and fiscal year ending December 31, 2020, which were positive.

In the fourth quarter, the Company delivered an increase in adjusted EBITDA for 2020.

Net revenues from continuing operations totaled $13.9 million for the fiscal year ending December 31, 2020, compared to $15.1 million during the same period. Vape technology and production processes and procedures for an imitation nicotine product are all covered by the Company’s extensive patent portfolio.

First the opposition to the PM’s MTD (March 11, 2021) by the city of Hong Kong.

Without a request for an extension of time, the City of Hong Kong’s opposition to the PM’s MTD is expected on or before March 11, 2021. It is reasonable to anticipate some form of resistance, which may include arguments that (a) dismissal is not warranted because discovery has not yet occurred and discovery is required to decide whether ignition is a process that occurs in the accused devices, (b) dismissal is not warranted in the absence of claim construction that interprets, amongst other terms, the term “combustion,”

(c) testimony, in the form of a declaration, stating that it is not dispositive, based on The denial of the MTD will almost certainly be the consequence of a well-written opposing brief that hits those arguments. Furthermore, I would anticipate that HCMC will ask the court to order the correction of any defects in their complaint if the court finds that there are any defects. That request is granted freely, and the MTD would be temporarily overcome.

(2) Meeting and conferring under Rule 26(f) (March 15, 2021):

This meeting is held in secret with the leading lawyers for all parties involved in the case. The parties must meet to attempt to settle the case, discuss the discovery, limit issues, and discuss other topics. They may also meet through videoconference.

(3) The Prime Minister’s Response to the HCMC’s Opposition (March 25, 2021):

In the absence of a time extension, the Prime Minister will have the opportunity to respond to the opposition brief submitted by HCMC regarding the MTD.

(4) Preliminary Report and Discovery Plan Prepared in Collaboration (April 12, 2021).

In the absence of an extension of time, the parties will file this report and plan, which is the result of the parties’ Rule 26(f) meeting and conference and contains numerous details, including, among other things, the progress of the settlement discussions, a proposed schedule of the case for fact locating motion practice, expert discovery, and trial, and a proposed plan of the case for settlement negotiations.

Infringement Contentions (May 12, 2021): HCMC is due to obeying dispute showing violation in the following areas (these are generally exchanged between the parties and not made public or submitted publicly with sensitive information redacted): HCMC will identify each accused apparatus, method, composition, or other instrumentality (“Accused Instrumentality”) of each accused party that is known to the claiming party and that is alleged to have been infringed by each opposing party; and (c) each accused patent in suit that each opposite party allegedly infringes.

On May 5, HCMC provided investors with an informational update about its proposed rights offering and anticipated important dates and terms related to the offering. The rights offering will be open to stockholders who held shares of the Company’s common stock as of May 18, 2021 (the “Record Date”).

To be eligible to participate in the rights offering, prospective stockholders should make sure that they complete their open market purchases of HCMC’s common stock by May 14, 2021, to be a stockholder of record on the Record Date.


On the record date of May 18, 2021, stockholders who own four shares of common stock will get one non-transferable subscription right in connection with the planned rights offering, which HCMC will distribute to them. For each subscription right purchased, the holder will be entitled to buy one share of HCMC common stock at a price equal to 75% of the volume-weighted average of the trading prices (VWAP) of our common stock on the OTC Pink Sheets for the five consecutive trading days ending on the expiration date of this rights offering (which equates to a 25 percent discount to the VWAP calculation).

“We are happy with our first-quarter results, which reflect the normalization of sales and the increasingly improved momentum of our operating cost reductions,” said Jeffrey Holman, CEO. To improve the core of our business, we will continue to work hard to do so. Our progress is primarily due to our efforts to streamline our structure and narrow our focus.

We feel that our businesses are well-positioned to continue delivering operational improvement.” HCMC is undoubtedly one of the most intriguing small-cap stocks on the market, and it continues to be one of the most talked-about assets in the sector, having well over 400,000 owners of record. The stock is heavily accumulated, and it rarely trades in less than $5 million worth of dollars each day in terms of dollar volume.

Shareholders hope that HCMC will follow in companies such as Enzolytics and Tesoro and burst into a whole new dimension, a break above $0.0065 and clear skies ahead. Microcapdaily initially reported on HCMC in January 2021, which was not too earlier. Still, the price was in the low triple zeroes at the time, which was a fraction of the present level of the market. An HCMC patent infringement case against multibillion-dollar behemoth Philip Morris USA, Inc. and Philip Morris Products SA is the big story this week in the industry.

A settlement or licensing agreement might catapult HCMC into a whole new stratosphere, with no limit to how far the city could rise in the process. Although the patent infringement litigation against Philip Morris USA, Inc. is still ongoing, it gathers momentum.

It was on January 27 that Microcapdaily first reported on HCMC, at a time when the stock was trading in the low triple zeroes. We will update HCMC as new information becomes available, so make sure you are subscribed to Microscopically to be aware of what is going on in HCMC.” According to Cozen O’Connor, “HCMC is extremely disappointed in the Court’s decision to dismiss the lawsuit and is currently evaluating its appeals options with its legal counsel.” Of course, the announcement results in a flurry of activity in the HCMC stock. More than 3 billion shares of the Company’s stock had been traded as this writing.

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