Form 8-K

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, DC 20549

 


FORM 8-K

 


CURRENT REPORT

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of report (Date of earliest event reported): July 5, 2006 (June 28, 2006)

 


Fortune Brands, Inc.

(Exact Name of Registrant as Specified in its Charter)

 


 

Delaware   1-9076   13-3295276

(State or Other Jurisdiction

of Incorporation)

  (Commission File Number)  

(IRS Employer

Identification No.)

520 Lake Cook Road

Deerfield, IL 60015

(Address of Principal Executive Offices) (Zip Code)

847-484-4400

(Registrant’s telephone number, including area code)

 


Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 



INFORMATION TO BE INCLUDED IN THE REPORT

Item 3.01. Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing.

(a) On June 28, 2006, the New York Stock Exchange (the “NYSE”) notified Fortune Brands, Inc. (the “Company”) that the Company did not meet the requirements of Section 303A.03 of the NYSE’s Listed Company Manual, which, requires disclosure of the method for interested parties to communicate with non-management directors. The Company’s Proxy Statement for its 2006 Annual Meeting of Stockholders, in the section titled “Election of Directors - Stockholder Communication,” disclosed how stockholders may communicate with non-management directors. Such disclosure, however, did not reference similar communication methods for interested parties who are not stockholders.

Therefore, the Company has set forth such information below. In future years, the Company will include this disclosure, as required, in its Definitive Proxy Statement.

Stockholders, or other interested parties, who wish to communicate with the non-management directors or any individual director should direct their communication c/o the Secretary, 520 Lake Cook Road, Deerfield, Illinois 60015.


SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

FORTUNE BRANDS, INC.
            (Registrant)
By  

/s/ Mark A. Roche

Name:   Mark A. Roche
Title:   Senior Vice President, General Counsel and Secretary

Date: July 5, 2006