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Thursday, June 1, 2023

Healthier Choices Management Corp (OTCMKTS: HCMC) In Focus as Co to Spin-off Grocery & Wellness Operations to HCWC As Patent Appeals Continue

Healthier Choices Management Corp (OTCMKTS: HCMC) is stuck at triple zero one and two and while in most cases this means the stock is completely dead this is certainly not the case for HCMC. First of all, the Company has $30 million dollars in the treasury, is an SEC filer with audited financial statements and recently reported $16.9 million in revenues for the 9 months ended September 30, 2022, up from $10.1 million in 2021. HCMC saw a legendary run back in 2021 to highs of $0.008 as the Company’s litigation against Philip Morris was taking off. More recently the (USPTO) Patent Trial and Appeal Board (PTAB) issued a Final Written Decision in connection with the inter parties review (IPR) of U.S. Patent No. 10,561,170 and found that all claims of the Patent are not patentable however HCMC is now appealing this. In its litigation against Philip Morris, the appeals process also continues. 

HCMC volume has picked up substantially after the Company reported the confidential submission of a Form S-1 draft registration statement with the SEC for the spin-off of its natural food grocery and wellness operations to a wholly owned subsidiary, Healthier Choices Wellness Corp. (‘HCWC’), by way of dividend to HCMC stockholders. Upon consummation of the spinoff, if completed, HCMC stockholders, as of the record date for the separation, will receive all of the initially issued shares of commons stock of HCWC. HCWC intends to apply for listing on the NYSE American exchange. The spin-off is expected to be completed in the first half of 2023. however, no record date has been announced as of yet.  We will be updating on HCMC when more details emerge so make sure you are subscribed to newsytrends.com by entering your email below.

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Healthier Choices Management Corp (OTCMKTS: HCMC) is a holding company focused on providing consumers with healthier daily choices with respect to nutrition and other lifestyle alternatives and sells vitamins and supplements on its website. Through its wholly owned subsidiary HCMC Intellectual Property Holdings, LLC, the Company manages and intends to expand its intellectual property portfolio. The Company’s patent portfolio is here. Through its wholly owned subsidiaries, the Company operates: 

Ada’s Natural Market, a natural and organic grocery store offering fresh produce, bulk foods, vitamins and supplements, packaged groceries, meat and seafood, deli, baked goods, dairy products, frozen foods, health & beauty products and natural household items. 

Paradise Health & Nutrition’s three stores offer fresh produce, bulk foods, vitamins and supplements, packaged groceries, meat and seafood, deli, baked goods, dairy products, frozen foods, health & beauty products and natural household items. 

Mother Earth’s Storehouse, a two-store organic and health food and vitamin chain in New York’s Hudson Valley which has been in existence for over 40 years.  

Greens Natural Foods’ eight stores in New York and New Jersey, offering a selection of 100% organic produce and all-natural, non-GMO groceries & bulk foods; a wide selection of local products; an organic juice and smoothie bar; a fresh foods department, which offers fresh and healthy “grab & go” foods; a full selection of vitamins & supplements; as well as health and beauty products.  

Through its wholly owned subsidiary, Healthy Choice Wellness, LLC, the Company has licensing agreements for Healthy Choice Wellness Centers at the Casbah Spa and Salon in Fort Lauderdale, FL, and Boston Direct Health in Boston, MA. These centers offer multiple IV drip “cocktails” for clients to choose from that are designed to help boost immunity, fight fatigue and stress, reduce inflammation, enhance weight loss, and efficiently deliver antioxidants and anti-aging mixes.  

Additionally, HCMC markets its patented Q-Unit™ and Q-Cup® technology. Information on these products and the technology is available on the Company’s website. In December HCMC reported the U.S. Patent and Trademark’s Office (USPTO) Patent Trial and Appeal Board (PTAB) issued a Final Written Decision in connection with the inter parties review (IPR) of U.S. Patent No. 10,561,170. The PTAB found that all claims of the Patent are not patentable. The Company is evaluating its options, including the possibility of exercising its right of appeal to the U.S. Court of Appeals for the Federal Circuit or first requesting a rehearing before the PTAB. The Patent remains valid and enforceable until appeals have been exhausted. 

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HCMC

The decision is contrary to the USPTO’s original decision granting the Company’s patent after examination. The Company continues its efforts to protect its intellectual property and is exploring all of its options including an appeal of the PTAB ruling. In its litigation against Philip Morris, the appeals process continues. 

On February 14 HCMC announced the confidential submission of a Form S-1 draft registration statement with the SEC for the spin-off of its natural food grocery and wellness operations to a wholly owned subsidiary, Healthier Choices Wellness Corp. (‘HCWC’), by way of dividend to HCMC stockholders. The spin-off is intended to be structured as a tax-free, pro rata distribution to all HCMC stockholders as of a record date to be determined by the board of directors of HCMC. Upon consummation of the spinoff, if completed, HCMC stockholders, as of the record date for the separation, will receive all of the initially issued shares of commons stock of HCWC. HCWC intends to apply for listing on the NYSE American exchange. No record date for the potential spin-off has been established as of the date of this press release and the completion of the potential spin-off remains subject to various conditions. The spin-off is expected to be completed in the first half of 2023. 

Jeffrey E. Holman - CEO, & Chairman of the Board - Vapor Corp. | LinkedInJeff Holman, CEO of HCMC, had this to say, “We are pleased to have confidentially submitted the draft registration statement for the spin-off, which we believe will unlock the unrealized value of what we are now calling HCWC. This filing is another milestone for HCMC in its attempts to create shareholder value. As previously disclosed, we intend to distribute 100% of the initially issued common stock in HCWC to our stockholders in the form of a dividend, subject to certain minimum criteria. Separating the natural health food and wellness assets in the form of our brick-and-mortar stores and wellness centers, as well as our online entity at thevitaminstore.com, will create immediate value to our shareholders. The Company is extremely pleased to be continuing to execute on our 4-Point Plan which we released in August 2022.” 

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Currently trading at a $34 million market valuation HCMC has about 340 billion shares outstanding with about 7 billion in the public float as of March 1. HCMC has $30 million dollars in the treasury, $45 million in assets vs. $8 million in liabilities and $4.2 million in current liabilities. Revenues continue to grow thanks to its grocery sales division with HCMC reporting $16,957,343 in revenues for the 9 months ended September 30, 2022 up from $10.1 million in 2021. While HCMC stock may be stock between triple zero one and two, the Company is very much alive and kicking.  As stated HCMC saw a legendary run back in 2021 to highs of $0.008 as the Company’s litigation against Philip Morris was taking off. More recently the (USPTO) Patent Trial and Appeal Board (PTAB) issued a Final Written Decision in connection with the inter parties review (IPR) of U.S. Patent No. 10,561,170 and found that all claims of the Patent are not patentable however HCMC is now appealing this. In its litigation against Philip Morris, the appeals process also continues. HCMC volume has picked up substantially after the Company reported it is planning to spin off its natural food grocery and wellness operations to HCWC with HCMC shareholders getting 100% of the Company which then intends to apply for listing on the NYSE American exchange. We will be updating on HCMC when more details emerge so make sure you are subscribed to newsytrends.com by entering your email below.

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Disclosure: we hold no position in HCMC either long or short and we have not been compensated for this article.

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