That is false and the example is not applicable. Dean Foods is not a penny stock company. It had been disqualified from relying upon the safe harbor provisions for forward looking statements following an administrative proceeding.
Companies that issue penny stock are expressly excluded from the safe harbor for forward looking statements according to the SEC.
From the previous post:
Even though the safe harbor doesn't apply, most penny stock companies still mention the safe harbor in their PRs. It is still appropriate for penny stock companies to warn about the uncertainty of forward looking statements.
Peter Villiotis seems to think that he can make forward looking statements that have no reasonable basis to be made. I believe he will eventually find out he is mistaken.