Item 2.02. Results of Operations and Financial Condition.

Pursuant to Form 8-K, "Item 2.02 Results of Operations and Financial Condition" and "Item 7.01 Regulation FD Disclosure," Fortune Brands, Inc. ("Fortune Brands" or the "Company") is furnishing its press release dated April 28, 2009, which announces the Company's anticipated first quarter 2009 earnings per share, reaffirms earnings guidance for 2009, increases free cash flow guidance for 2009 and announces action with respect to the dividend. The press release is included herewith as Exhibit 99.1 and is incorporated herein by reference. Pursuant to general instruction B.2 to Form 8-K, the information furnished pursuant to Items 2.02 and 7.01 shall not be deemed to be "filed" for purposes of Section 18 of the Exchange Act or otherwise subject to the liabilities of that section.

Item 9.01. Financial Statements and Exhibits.

(d) Exhibits 99.1 Press Release of Fortune Brands, Inc. dated April 28, 2009, is being furnished pursuant to Items 2.02 and 7.01.

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