FDA gossip again: "Forever Living accused of making deceptive income claims". Why does the FDA not directly outlaw MLM at all? Why this pussyfooting!? Why this endless bullshit?
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Consumer Health Digest #22-20
May 15, 2022
Consumer Health Digest is a free weekly e-mail newsletter edited by William M. London, Ed.D., M.P.H
http://www.calstatela.edu/faculty/william-m-london., with help from Stephen Barrett, M.D
http://www.quackwatch.org/10Bio/bio.html. It summarizes scientific reports; legislative developments; enforcement actions; news reports; Web site evaluations; recommended and nonrecommended books; and other information relevant to consumer protection and consumer decision-making. Its primary focus is on health, but occasionally it includes non-health scams and practical tips. To subscribe, click here
http://lists.quackwatch.org/mailman/listinfo/chd_lists.quackwatch.org.
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AdvoCare distributors will receive refunds.The Federal Trade Commission (FTC) has announced that it is returning more than $149 million to more than 224,000 AdvoCare distributors who lost money.
[Federal Trade Commission returns more than $149 million to consumers harmed by AdvoCare pyramid scheme
https://www.ftc.gov/news-events/news/press-releases/2022/05/federal-trade-commission-returns-more-149-million-consumers-harmed-advocare-pyramid-scheme?utm_source=govdelivery. FTC press release, May 5, 2022]
In 2019, the FTC sued AdvoCare, its former CEO, and its top promoters
https://www.ftc.gov/news-events/news/press-releases/2019/10/multi-level-marketer-advocare-will-pay-150-million-settle-ftc-charges-it-operated-illegal-pyramid, alleging that:
the company operated an illegal pyramid scheme that: (a) deceived consumers into believing they could earn significant income as “distributors” of its health and wellness products, and (b) pushed distributors to focus on recruiting new distributors rather than selling products to customers
the company’s compensation structure incentivized distributors to purchase large quantities of AdvoCare products—even when they couldn’t sell them—and to recruit downline participants using the same incentives
the defendants claimed to offer a life-changing financial solution that would allow any ordinary person to earn unlimited income, attain financial freedom, and quit their regular job when, in fact, most AdvoCare distributors either earned no money or lost money
the defendants told distributors to exaggerate how much money average people could make by as much as hundreds of thousands or millions of dollars a year
the distributors were told to create emotion-laden narratives about how they gained financial success through AdvoCare and to instill fear in potential recruits that they would suffer regrets if they declined to invest in AdvoCare
The U.S. Supreme Court ruled in 2021 that the FTC lacks authority to seek monetary relief in federal court going forward. However, the AdvoCare settlement came before the Supreme Court’s decision. The FTC has urged Congress
https://www.ftc.gov/news-events/press-releases/2021/04/ftc-asks-congress-pass-legislation-reviving-agencys-authority to restore its ability to get money back for consumers.
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Forever Living accused of making deceptive income claimsTruthInAdvertising.org (TINA) has filed a complaint
https://truthinadvertising.org/wp-content/uploads/2021/12/5_4_22-ltr-from-TINA-to-FTC-re-Forever-Living_Redacted.pdf to the Federal Trade Commission against Arizona-based multilevel marketing (MLM)
https://quackwatch.org/mlm/ company Forever Living Products International, LLC. The complaint was made after TINA collected more than 5,500 income claims for distributors made by the company. Although the company claims
https://truthinadvertising.org/wp-content/uploads/2022/05/FL-Opportunity.jpg there is “HUGE EARNING POTENTIAL,” 89% of its distributors earned absolutely nothing, according to the company’s income-disclosure statement. TINA believes that the FTC can fine the company more than $250 million for its deceptive earnings claims and undisclosed influencer ads through its Penalty Offense Authority.
[Forever Living’s neverending deceptive income claims
https://truthinadvertising.org/articles/forever-livings-neverending-deceptive-income-claims/. TINA.org, May 4, 2022]
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Major MLM consumer-protection webinar scheduledOn June 10 and 11, the College of New Jersey School of Business will hold its second annual conference to spotlight consumer protection and consumer harm in the MLM industry. This virtual conference, titled “Multilevel Marketing: The Consumer Protection Challenge,” will bring together an international array of federal regulators, experienced prosecutors, trial lawyers, researchers, academics, award-winning journalists, former MLM distributors, consumer-protection experts (including Stephen Barrett, M.D.), and social-media activists. The program will span about seven hours each day. Attendance is free and open to the public, but space is limited and registration is required. Early registration is advisable. To register or find out more, visit
www.mlmconference.com http://www.mlmconference.com/.
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Family doctor who promoted COVID-19 misinformation suspendedOntario’s College of Physicians and Surgeons (CPSO) has temporarily suspended the licence of Dr. Patrick Phillips
https://doctors.cpso.on.ca/DoctorDetails/Phillips-Patrick----Brian/0310033-109364. His alleged improper conduct included:
improper communications on social media and other digital platforms about the COVID-19 pandemic and related issues
making misleading statements about vaccinations, treatments, and public health measures for COVID-19
posting investigative information from the College online and failing to remove this information upon request
failing to provide information and records requested by the College
failing to maintain the standard of practice in his reporting of adverse events following immunization and in relation to COVID-19
The allegations will be reviewed in a disciplinary tribunal to be scheduled. Phillips had nearly 40,000 followers on Twitter before his account was suspended. Phillips appeared in a video
https://www.reddit.com/user/Emergency-Length4401/comments/m2ej3t/canadian_doctors_speak_out_speakers_dr_stephen/posted to the Reddit group LockdownSkepticism claiming that asymptomatic spread of COVID-19 is “negligible to non-existent.”
[Stranges C. Ontario College of Physicians suspends rural family doctor for ‘inappropriate’ COVID-19 treatments, advice
https://www.cbc.ca/news/canada/sudbury/patrick-phillips-suspended-1.6440227. CBC News, May 3, 2022]
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FDA orders companies to stop selling delta-8 THCThe U.S. Food and Drug Administration (FDA) has ordered ATLRx Inc.
https://www.fda.gov/inspections-compliance-enforcement-and-criminal-investigations/warning-letters/atlrx-inc-618341-05042022, BioMD Plus LLC
https://www.fda.gov/inspections-compliance-enforcement-and-criminal-investigations/warning-letters/biomd-plus-llc-618460-05042022, Delta 8 Hemp
https://www.fda.gov/inspections-compliance-enforcement-and-criminal-investigations/warning-letters/delta-8-hemp-618368-05042022, Kingdom Harvest LLC
https://www.fda.gov/inspections-compliance-enforcement-and-criminal-investigations/warning-letters/kingdom-harvest-625058-05042022, and M Six Labs, Inc.
https://www.fda.gov/inspections-compliance-enforcement-and-criminal-investigations/warning-letters/m-six-labs-inc-618701-05042022 to stop making illegal claims for tetrahydrocannabinol (delta-8 THC). Delta-8 THC is one of more than 100 cannabinoids produced in the Cannabis sativa L. plant but is not found naturally in significant amounts. Concentrated amounts of delta-8 THC are typically manufactured from hemp-derived cannabidiol (CBD) products
https://www.fda.gov/consumers/consumer-updates/what-you-need-know-and-what-were-working-find-out-about-products-containing-cannabis-or-cannabis and have psychoactive and intoxicating effects. Products containing delta-8-THC are available in varying forms, including but not limited to candy, cookies, breakfast cereal, chocolate, gummies, vape cartridges (carts), dabs, shatter (concentrated marijuana), smokable hemp sprayed with delta-8-THC extract, distillate, tinctures, and infused beverages. The warning letters express concern about illegal medical claims and the illegal use of delta-8 THC and CBD products food additives.
The FDA has received reports of adverse events experienced by patients who consumed delta-8 THC products. Some of the cases required hospitalization or emergency-room treatment. The FDA recently published a consumer update
https://www.fda.gov/consumers/consumer-updates/5-things-know-about-delta-8-tetrahydrocannabinol-delta-8-thc expressing serious concerns about the products’ potential health effects.
[FDA issues warning letters to companies illegally selling CBD and delta-8 THC products
https://www.fda.gov/news-events/press-announcements/fda-issues-warning-letters-companies-illegally-selling-cbd-and-delta-8-thc-products. FDA news release, May 4, 2022]
The CDC has issued an official health advisory about delta-8 THC.
[Increases in availability of cannabis products containing delta-8 THC and reported cases of adverse events
https://emergency.cdc.gov/han/2021/han00451.asp. CDC Health Alert Network, Sept 14, 2021]
============================
Stephen Barrett, M.D.
Consumer Advocate
7 Birchtree Circle
Chapel Hill, NC 27517
Telephone: (919) 533-6009
http://www.quackwatch.org http://www.quackwatch.org/ (health fraud and quackery)
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