I'm too lazy to dig through the 13D filings, but if I recall correctly from a few years ago, what's funny was Icahn added a lot of HLF via synthetic longs after the CNBC feud with Ackman on air. And yeah the initial call wasn't about HLF per se. It's more the two billionnaires didn't like each other much, so one took the other side of the other.Just listened to the Ackman Icahn audio on youtube. Two thoughts:
1. They weren't really arguing about Herbalife at all. Icahn didn't even say/admit he was long Herbalife, even when the CNBC guy pressed him. They were arguing about completely unrelated stuff, about setting a lawsuit, whether Icahn told Ackman he wanted to be friends, etc.
2. Icahn sure seemed to come across as a big jerk. He seems to have some reverence around here, but he DID seem like a bully and a guy who wouldn't hesitate to stab you in the back and lie you your face and everyone elses.
I remember at the time, everyone on the street was on Ackman's side. Even the CNBC personalities were pretty biased in their reporting too.
I think what people fail to realize was that just because you have a general distaste for the business, it doesn't make it illegal. The legality aspect is very technical in nature, and the fact the FTC did not ultimately close down HLF, FTC being the ultimate decision maker as to whether something is an illegal pyramid, indicates that it was ok afterall. People mix their emotions too much. Maybe they don't like HLF products. Maybe they don't like multi level marketing in general. Maybe they don't like the whole vibe of HLF where the products involve the happenings of the poor and thus think the business overall sucks. Whatever the reason may be for their bias, but that doesn't make the business itself illegal.
Also, this is the first 'regulator action' short I've seen. The entire short thesis seems to hinge on regulators stepping in to shut it down. Which is a huge bet. Not only are you betting on market forces, you're also betting on government enforcement action. Those odds seem pretty steep. History has now shown that both the market and enforcement action moved against the favor of shorts.
That being said though, as HLF approaches $100, I think it is a short on a valuation basis. I don't think it deserves the multiple it has. This is not worth $8B market cap IMHO. Shares IMHO are worth $70 in current market conditions. Worth shorting? Well, as long as the risk is capped I guess. Put spreads or something.
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