Here is part of a definition for NDA....

A non-disclosure agreement (NDA), also known as a confidentiality agreement (CA), confidential disclosure agreement (CDA), proprietary information agreement (PIA), or secrecy agreement, is a legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access to or by third parties. It is a contract through which the parties agree not to disclose information covered by the agreement. An NDA creates a confidential relationship between the parties to protect any type of confidential and proprietary information or trade secrets. As such, an NDA protects nonpublic business information.

NDAs are commonly signed when two companies, individuals, or other entities (such as partnerships, societies, etc.) are considering doing business and need to understand the processes used in each others business for the purpose of evaluating the potential business relationship. NDAs can be "mutual", meaning both parties are restricted in their use of the materials provided, or they can restrict the use of material by a single party.

Been researching the NDA, looked at some past ones by other companies, just to try to gain more insight as to what we have here with our's. From everything I have read and seen, we have one of a few things here in my opinion...Either we have submitted a confidential document to the FDA for some type of packaging change, perhaps a 6 pack, smaller bottle, Ensure "knockoff", as Roy called it, to compete directly with Ensure and Boost in the diet/nutrition in line section of the retailer. Another scenario,it could be a confidential agreement with the FDA for our upcoming Banana flavor. Strong possibility there. And it could also be a buyout/merger offer NDA. The fact we have been NDA now for I believe 2 weeks tomorrow indicates that whatever it is, it's to be taken very seriously. Any of these 3 possibilities, (if any of them are even correct), would all be extremely positive to the pps when the NDA is made public..all just my opinion, gathered from some research...ATTD !

Thanks Edge...been racking my brain trying to find any and all info I can on the NDA, it's driving me crazy..lol...Roy talked about the Banana flavor in response to a question during the radio interview..he said it was fabulous, and after trying both flavors of Phase III, I believe him...lol..so it could be the banana with the FDA..
Phase III is the best tasting, most nutritious in it's market right now, that's a fact. Where Phase III is currently marketed directly against Muscle Milk right now, Pepsi without question is seeing declining sales numbers. There are only so many beverage dollars to go around. It is pure fact that that the 2 truckload order of Phase III by White Quartz Dist, equates to a 2 truckload order of Muscle Milk to Pepsi, that never happened. Pepsi will without question be required to lower their MusMilk price point, and advertise heavy to try to maintain market share. Raising their costs, lowering their margin, losing market share, things that they don't like to do..People lose jobs over lost market share in corporate America, fact of life..Companies will go to the extreme to get it, and right now, whoever gets Phase III will own this market in my opinion...ATTD !

Been researching the NDA, looked at some past ones by other companies, just to try to gain more insight as to what we have here. From everything I have read and seen, we have one of a few things here in my opinion...Either we have submitted a confidential document to the FDA for some type of packaging change, perhaps a 6 pack, smaller bottle, Ensure "knockoff", as Roy called it, to compete directly with Ensure and Boost in the diet/nutrition in line section of the retailer. Another scenario,it could be a confidential agreement with the FDA for our upcoming Banana flavor. Strong possibility there. And it could also be a buyout/merger offer NDA. The fact we have been NDA now for I believe 2 weeks tomorrow indicates that whatever it is, it's to be taken very seriously. Any of these 3 possibilities, (if any of them are even correct), would all be extremely positive to the pps when the NDA is made public..all just my opinion, gathered from some research...ATTD !

Wouldn't we all like to read about the NDA...The fact is, ATTD is showing NDA on some sites, Google finance for one, among others. It is also showing on Four Trades I think it is called, and also on Scotty under the cyclical beverage non-alcoholic..What it means, I have no clue, neither does anybody else who posts here, it's a confidential agreement not being made public right now..Been close to 2 weeks, can't be much longer before there is some type of closure, one way or another...We all know what NDA means by definition...time will tell if there is anything to it, whatever it is...ATTD !

And my best guess is that they may be limited right now by the NDA as to what they can publicly disclose, and to what they cannot..that's why there were no dollar amounts listed in the online sales pr..jmo ATTD !

We'll see a rush of pr's when there is closure to the NDA, one way or another...Product driven here, either you believe in the product, or you don't. Not rocket science..Product is superior both in taste and nutrition content, packaging is superior, once again, the product and the market share potential are the real values here.

Still amusing that we continue to see posts about a chill...very entertaining, but old news to say the least...this is a TDA issue regarding possession of actual stock certificates...please, if you still feel you need to post messages about a chill, please back it up with factual information...bottom line, if you're using TDA, you're using the wrong broker...I could of told you that over 15 years ago...lol

We are still being held back by the NDA...everybody seems to be in a wait and hold mode...The lack of any operational substancial pr's as of late tells me that they may be limited as to what they can make public at this point, and what they cannot..

They are NDA right now...They may not be able to release certain information publically, especially actual sales numbers.

I'm originally from Chicago, first 50 years, know the Chicago market extremely well. Phase III would easily outsell MusMilk in Chicago hands down, product would be gigantic on the near north side. I forwarded a lead to Roy the end of last week, the lead has locations in the Chicago market among other's...never know ! I miss the pizza !!! :) ATTD !

that's where we differ...to me the product, and the market share potential of it, is the real value here. I never even heard of Paul Pierce lol...it's the product that generates the revenue, product driven environment. If I personally thought that Phase III was subpar in taste and nutrition content, I would sell all my shares immediately. But it is a superior tasting and more nutritious product than any of it's competitors, Ensure, Boost, Slim Fast, Mus Milk, Special K shakes, blows them all away in taste and nutrition. Whether you believe it or not, Pepsi is already aware of Phase III, they are already seeing market share loss where Phase III is being directly marketed against them right now..

Achieving 2011 total online sales in just the middle of March 2012 is a problem every company in corporate America would like to have. You're opinion is that it's vague, mine is different. Time will tell who is right, and who is wrong..I'm not sure if you tried the product or not, don't recall seeing a post where you have. Every single review I have seen, read, heard and personally tried, rates the product 5 star..I like 5 stars, seems like within time they develop zeroes and commas on the ends of them...lol...ATTD !

If this were another market other than the beverage industry, I would agree that sustained growth, etc, would be required. However, we are already taking market share away right now. You think the Pepsi people liked hearing about a 2 truckload reorder by a major distributor ? That's 2 truckloads of MusMilk that won't be sold as they see it, and lost market share. Coke and the DrPepper/Snapple Group have zero market share in this segment right now, estimated to be 200-300M annually and growing, and they would love to have some sooner rather than later. The product is already being sold in New England, Mass, NY, Carolinas,Florida, Georgia, Tennessee, Alabama, maybe more, rapid growth for a new product. Coke, Pepsi, DrPepper/Snapple are well aware of Phase III, it's their business to know what their competitors are doing at all times, these high level decisions are based on many things obviously, market share being high on the list at the executive level..Pepsi will not have an exclusive on this market for very long in my opinion, and I believe Phase III will be at least one of the products that nationally moves right in...

When I first started trading, I hand charted on graph paper with my weekly copy of Barron's...Before the internet days, before pressing a button on a keyboard for a chart, etc. ...With the lower volume we have seen the last 2 weeks, yet with the outstanding share increase by investor diluting the last 2 weeks, we have been under investor control, if you will, in my opinion.. The end of that control, and the end of the NDA, seem to be ultimately meeting their fate, near the same time as the cross...the pennant formation, this is all extremely technically positive, watched daily by purely technical traders..We're close to a run in my opinion..ATTD !

This last pr with the online sales still not showing on some sites..maybe if it's fully released tomorrow, it will spark the volume..I think some type of announcement regarding the NDA should be forthcoming relatively soon...If the NDA is indeed with another company and a buyout/merger is on the table, for example they may not be able to sign any more distributors at this point,or new account exclusive agreements, with provisions that could be in the NDA..So they wouldn't want to be in this position very long, I look for some type of closure to it soon..If it turns out to be nothing, then watch for the new distributor/new account announcements come fast and furious...If it's a buyout/merger, thats ok too. either way it's a win/win...the product is far too superior..Coke, Dr.Pepper/Snapple Group, either would love to have Phase III on their delivery trucks daily...just a matter of time before one of them does in my opinion...ATTD !

Coke has been searching for a competitor to Pepsi's Muscle Milk. I have seen Muscle Milk sales estimates anywhere from 200-300M annually in a still growing market. I have tried both products, Phase III is a far superior product, in taste, more nutrition/vitamin content, and superior packaging. The price point seems to be the same or less early on from what I have seen. Plus, Phase III is 14.5oz vs. MusMilk 14oz. While the extra half ounce doesn't seem like much, a consumer with a bottle of each in their hand comparing the two would notice that, and it gives a perception of more value to the consumer at the point of purchase. It's a subliminal type of tool, but very successful and A+ marketing.

VRX they are NDA right now...Coke may have already beat you to it...

Soft release on this last pr with the online sales, I know of at least 3 sites where it still has not posted yet..

Great post, the product and market share potential are the real values here...ATTD$$$

R/S wouldn't even be necessary...The NDA means something, we all know that, confidential agreement between ATTD and someone else. That still looms, and to me easily explains more rapid dilution by the conv. holders. Don't underestimate the power of the quality of Phase III, and the power of market share and what companies are willing to pay to get it in today's business world. Every aspect of market share is micro managed by the Cokes and Pepsis of the world. And when one feels they can increase their market share in a certain category, they take that very seriously to say the least. Coke paid 4.2 billion for Vitamin Water to combat Pepsi's Sobe Lifewater. That is a larger market than Phase III/MusMilk market so we don't have that value, but we have market share value nevertheless, given the high quality of the product. Even at a billion outstanding, we are still in the .50 - 1.50 for a buyout...would be interesting to hear any other speculations on the NDA...

I posted the new outstanding share total an hour ago...nothing new there..even at a billion outstanding shares, we are still an attractive buyout anywhere from .50 on the low end a share, to 1.50 on the high end. It's still all about the product, market share, and who wants it the most...The product is superior quality. That's the real value here.

lol, well at least we agree on something..that's always good news...lol..I look for a buyout offer shortly on the horizon here in my opinion...we are quickly approaching a billion outstanding, as expected, (by me anyway)...lol...latest numbers...

Authorized Shares: 1,000,000,000
Outstanding/Issued: 734,536,448

NDA is still showing on some sites..Close to 2 weeks now..something going to break there anytime in my view. Still a long hold for me right now, it's the product for me. It's just simply superior to anything on the market in it's category right now, I haven't seen much if any dispute on that, especially for those who have tried Phase III. Taste, packaging, it's high quality all the way. I'm not a milk drinker at all, I would never buy Muscle Milk, not even just to try it. But I would buy Phase III, I loved it, especially the Vanilla. If I didn't like the taste of it, I would of sold all my shares immediately. I just believe there is major potential here. Time will tell...:)

It is a no brainer that if there is no distributor for Orlando, then there is no Phase III in Orlando metro Walgreens. That is common knowledge, been posted here many times. I talked to Attitude about it, it is being worked on. So common sense tells everybody that it is not yet available in all 800 authorized Walgreens locations in Florida.

There is only one explanation for inventory on hand here. With 'cost effective' production tools in place, there will always be an overrun, resulting in on hand inventory. If they need for example 460,000 units produced for current orders, the next cost effective break will be produced, whatever the number is, be it 475k, 500k, etc, also given current cash flow status, all are involved in the purchasing process. On the contrary as well, this is a 'real milk' product. Unlike Muscle Milk which has none. So yes, even though the shelf life is 12 months, it is in everyones best interest to get it out as fresh as possible to the consumer, and in the most cost effective manner.

The reason some people in Florida cannot find it in Walgreens yet is because it is not in all 800 Walgreens yet. That's common knowledge. How can it be in any Walgreens in the Orlando metro and surrounding counties when there is not a distributor for Phase III yet in Orlando ? Not possible. But one is coming, I have confirmed that. Same goes for the rest of the state. When the state is covered with distributors, the product will be available. But not until then. This is common knowledge...Walgreens does not break a new item authorization to just store specific locations within a regional area regarding beverage, neither does CVS. And by region, I refer to their specific DC, because that's how they classify it. If it is authorized in 800 Walgreens in Florida, it is already in the database of 800 Walgreens in Florida, whether the product has arrived yet or not. That is pure fact.

It is not added at store level, it is added at Regional Level...I know this for a fact...all communications to the stores regarding beverage come from the Regional Level offices with Walgreens & CVS...Once again, I know this to be a fact...

The lower on hand inventory levels don't surprise me at all. Just the opposite, higher levels would concern me. This is a time sensitive open coded 'live' product if you will. You don't want a lot of it sitting around losing shelf life with the meter running. Production can produce whatever is required in a relatively short period of time. No need to have huge on hand levels, all that does is tie up money. That's the whole principal here, produce it, ship it. It ships to the distributors direct from the manufacturer. Most cost effective way at this point.

Walgreens, CVS, product decisions vary regionally and nationally. What a CVS store carries in Chicago, may not be available in Arizona. Same with Walgreens. Beverages are handled nationally and regionally with both chains. Products are approved for certain markets, test markets, given successful sales numbers over time, say a year or less, national authorization would be considered. If they're making a nice margin in Florida, they will expand immediately. That's a fact, that's how the game works, all about margin to the retailer. And there is no way any other major retailer will sit idly by and let Walgreen's have an exclusive to all these Phase III margin dollars. Phase III will see future authorization agreements with other major retailers. Just a matter of time, the product is too superior not to. In the final analysis here, it makes no difference at all what any of us post here, including myself, the Consumer, the end user, will have the final say in everything, and ultimately determine the future. Right now in my opinion, it's very bright long term.

Deliveries made to Walgreens, CVS, any major retailer in the country, are all individually scanned in to their store's inventory upon arrival by store employees. If an item is scanned and it is not authorized, the employee will get a prompt telling them it is an unauthorized item. They cannot receive that product. So yes, Phase III is in all the 800 authorized Walgreen's stores Florida database currently. There was a copy of a receipt from a Walgreens posted here that you could clearly see 'Phase III' printed on it.

Of course they are not in all of the 800 Florida Walgreens yet, common knowledge, they don't have a distributor yet for the Orlando metro area, that's coming, I confirmed it.

Going straight up at the start, the PR isn't even released on all databases yet, I have found 2 sources where the new PR isn't even listed yet in the news. ATTD !

Couldn't agree more Raaz...In the final analysis, the stock lives or dies with the product..If Phase III tasted like any of it's competitor's, Muscle Milk, Boost, Ensure, Slim Fast, I would sell all my shares immediately. The product is high quality superior, the packaging the same. Repeat sales is the key to long term success here obviously. Anybody will try something once, but will they buy it again, that's the key to everything, sales, growth, market share growth, etc etc...Not only does Phase III taste better than all of their competitors, it has more nutrition/vitamin content than all of them as well. Consumer 'impulse' buying decisions based on labeling/ingredients information happen everyday. A consumer with a bottle of Phase III in one hand, and Muscle Milk in the other comparing the ingredients of the two, will have a 'no brainer' decision to make, not even close, Phase III blows MusMlk away in all categories, taste, ingredients, and packaging. MM has the market share right now with Pepsi behind them, but side by side, Phase III wins hands down. I have seen Muscle Milk sales estimates annually anywhere from 250M - 300M...Imagine what the sales numbers of Ensure and Boost 6packs sold in the diet/nutritional sections in line. Phase III packages a 6 pack, smaller bottles, to directly compete in that market, Roy called it an 'Ensure knockoff' in his interview, another huge market with market share up for the taking. ATTD !

You can believe the Pepsi people aren't very happy with some of the Muscle Milk sales numbers they are seeing, especially from the east coast. We have a superior product that has the potential to be the market share leader in it's category. That's what in my view this whole thing will come down to, a superior product, bought out by a major, to gain market share and revenue. Coke is $2 away from it's 52 week high right now, and is listed by S&P as a strong buy still. I wonder if Coke wants any of Pepsi's market share ?... ATTD !

We have more sales in 2 months online this year, than we did in 12 months last year. How many companies in corporate America would like to release this kind of news in the middle of March, with 10 months of sales numbers still to go, very significant announcement. Any sale, be it online or in a retail environment is a market share % gained by one and lost by another. Market share dictates many things, especially to the company losing part of their share to another. It can dictate better shelf location, eye level, front and center, and will be promoted more heavily by the retailers. Volume case prices given to the bigger retailers would increase their margins, and the retailers are all about margin. This website is showing Resistance 2 at .005. We break that Friday easy...ATTD !

I agree with all you say, however don't discount the Dr. Pepper/Snapple Group from buyout candidates..They got in the game too with Skinny Water, they would love to take some market share away from Pepsi's MusMilk with Phase III. I have had them both, and the taste comparison isn't even close. Phase III blows MM away, plus it has real milk. Would be curious to hear your speculation/s on the NDA. My view is either a buyout or some type of communication with the FDA, maybe an authorization on a 6pack as Roy called it, an 'Ensure Knockoff'..6 pack to be merchandised within the diet/nutrition section by Boost and Ensure. This product has so much merchandising potential, To get that kind of shelf space, product location, everything involved costs time, money and a much larger staff within the organization, which we don't have. That's what I base my buyout opinion earlier rather than later on. We're just underfinanced and understaffed right now for that kind of growth. But as you say, Coke is very well financed and staffed globally. Lot of potential market share up for grabs here, who wants it the most... :) ATTD !

Cant Wait77, put some Breyers Vanilla ice cream, or your personal vanilla favorite in a blender with some Phase III Vanilla, it's the best vanilla shake I have ever had hands down...the product is high quality,the packaging is the same, and in the final analysis, the superior quality of Phase III will dictate the real value here...in my view...

We won't be around that long...We'll be bought out...ATTD is product driven, therefore I based my investment decisions here on the product. Afterall, if the product fails, so does the stock. For example, if Phase III tasted like any of it's competitors, I would sell all my shares immediately. But that's not true here, Phase III not only tastes better than any of it's competitors, it has more nutrition content as well. That spells win-win for me. I'm looking for a buyout offer to come in somewhere around the 1.50-2.00 range, and I'm looking for it relatively soon, especially with the NDA still out there with no release of it's content as of yet. We're in a holding pattern here, low volume, waiting for the blockbuster pr we all know is coming...ATTD !

There is no doubt in my mind we have a 'substancial' PR coming down the pipeline here any day now..For any long holder who has not tried the product, I strongly encourage you to. The taste is nothing short of outstanding. I put a couple scoops of breyers natural vanilla ice cream in a blender along with some phase III vanilla, it was by far the best vanilla shake I have ever had in my life. It far tastes better than any competitor, especially Pepsi's Muscle Milk, Ensure, Boost or Slim Fast. Phase III is far superior, and has more nutrition (vitamin) content that any of them. Just a matter of time...ATTD !

I thought if you admitted guilt you were let out early ? whats up with that ?