SEC Comment Letter for Lifeway Foods, Inc. (LWAY) (CIK 0000814586) (LWAY) — Nov 15, 2016
Lifeway Foods, Inc. (LWAY) (CIK 0000814586)
Date: Nov. 15, 2016 · CIK: 0000814586 · Accession: 0000000000-16-101012
AI Filing Summary & Sentiment
Reasoning
File numbers found in text: 000-17363
Letter
November 15, 2016 Via E -mail John P. Waldron Chief Financial and Accounting Officer Lifeway Foods , Inc. 6431 West Oakton Street Morton Grove, Illinois 60053
Re: Lifeway Foods, Inc. Form 8-K Filed November 8, 2016 File No . 000-17363
Dear Mr. Waldron :
We have reviewed your filing an d have the following comments. In some of our comments, we may ask you to provide us with information so we may better understand your disclosure.
Please respond to these comments within five busine ss days by providing the requested information or advis e us as soon as possible when you will respond. If you do not believe our comments apply to your facts and circumstances , please tell us why in your response.
After reviewing your response to these comments, we may have additional comments.
Item 4.02 Form 8 -K Filed November 8, 2016
1. We note you have determined that your financial statements for the periods identified in your Item 4.02 Form 8 -K should no longer be relied upon as a result of certain errors described therein. Rather than amend the quarterly and annual reports on Form 10 -Q and 10-K for the periods affected, you intend to include restated financial statements in future Exch ange Act reports. Deferring the filing of corrected financial statements and a revised report from your independent registered public accounting firm to future filings rather than amending previously filed reports does not appear to be appropriate. Pleas e amend your filings as soon as practicable. See question 133.01 of the Compliance and Disclosure Interpretation s concerning Exchange Act Rules .
We remind you that the company and its management are responsible for the accuracy and adequacy of their disc losures, notwithstanding any review, comments, action or absence of action by the staff.
John P. Waldron Lifeway Foods, Inc. November 15, 2016 Page 2
You may contact Jennifer O’Brien, Staff Accountant, at (202) 551 -3721 if you have questions regarding the comments above. Please contact me at (202) 551 -3311 with any other questions.
Sincerely,
/s/ Ethan Horowitz
Show Raw Text
November 15, 2016
Via E -mail
John P. Waldron
Chief Financial and Accounting Officer
Lifeway Foods , Inc.
6431 West Oakton Street
Morton Grove, Illinois 60053
Re: Lifeway Foods, Inc.
Form 8-K Filed November 8, 2016
File No . 000-17363
Dear Mr. Waldron :
We have reviewed your filing an d have the following comments. In some of our
comments, we may ask you to provide us with information so we may better understand your
disclosure.
Please respond to these comments within five busine ss days by providing the requested
information or advis e us as soon as possible when you will respond. If you do not believe our
comments apply to your facts and circumstances , please tell us why in your response.
After reviewing your response to these comments, we may have additional comments.
Item 4.02 Form 8 -K Filed November 8, 2016
1. We note you have determined that your financial statements for the periods identified in
your Item 4.02 Form 8 -K should no longer be relied upon as a result of certain errors
described therein. Rather than amend the quarterly and annual reports on Form 10 -Q and
10-K for the periods affected, you intend to include restated financial statements in future
Exch ange Act reports. Deferring the filing of corrected financial statements and a revised
report from your independent registered public accounting firm to future filings rather
than amending previously filed reports does not appear to be appropriate. Pleas e amend
your filings as soon as practicable. See question 133.01 of the Compliance and
Disclosure Interpretation s concerning Exchange Act Rules .
We remind you that the company and its management are responsible for the accuracy
and adequacy of their disc losures, notwithstanding any review, comments, action or absence of
action by the staff.
John P. Waldron
Lifeway Foods, Inc.
November 15, 2016
Page 2
You may contact Jennifer O’Brien, Staff Accountant, at (202) 551 -3721 if you have
questions regarding the comments above. Please contact me at (202) 551 -3311 with any other
questions.
Sincerely,
/s/ Ethan Horowitz
Ethan Horowitz
Branch Chief
Office of Natural Resources