Tag Archive for Lawsuit

Doug Wead: “FTC Declares War On Direct Sales Businesses”

 
Doug Wead is a presidential historian who served as a senior adviser to the Ron Paul presidential campaign. He is a New York Times best-selling author, philanthropist, and adviser to two presidents, including President George H.W. Bush, with whom he co-authored the book “Man of Integrity.”
On 11 september he published the next article:
“The Arizona direct sales company Vemma was recently hit by the FTC and virtually shut down without a judge, jury, or trial. The income of thousands, including single mothers, housewives, young businessmen, retirees, and disabled veterans has been instantly blocked by the government agency.
Nobody will be paid, no matter what they have sold or what work of a lifetime they have done.
Ominously, among the reasons the FTC gave for its action, are methods that are employed by almost all other

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Arbonne Sues eBay Seller For Stolen Product

 
Arbonne International sued a woman this week, who allegedly obtained stolen quantities of a lip treatment product set for debut in September and sold the items last month on eBay.The company’s Los Angeles Superior Court lawsuit names Ena Marquez and alleges trademark infringement, false advertising and theft.
The company is seeking unspecified damages and a court order barring further advertisements and sales of the products by Marquez or anyone else allegedly involved in such unsanctioned transactions.
Marquez could not be immediately reached for comment.
The Arbonne Intelligence Lip Treatment is a concentrated product that “hydrates, volumizes and softens the look of lips,” according to the lawsuit. It is made to “precise specifications” at a facility in Teterboro, N.J., according to the complaint.
As of July no one was authorized to distribute ILT and there was no lawful way

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BK Boreyko – Vemma CEO Statement on FTC Pyramid Charges Case

 
BK Boreyko, Vemma CEO stated today on his Facebook:
“Hello Vemma faithful:
Just wanted to clear up a couple of phone calls I’ve received about moving to other companies. Although I know there’s panic out there, I want you to hear it from me…hang tight.
We have a hearing scheduled for September 3rd.
I think we’ll win. Until then, I know you want to do the best for your teams and that’s a sign of great leadership.
I will and have always complied with the court’s order in this matter. I’m the kind of guy that would never violate the terms of that order. If you hear anything different, tell them you talked to me and I said buckle up because there’s great things ahead for Vemma!
About Vemma
Founded in 2004 by BK Boreyko and

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Vemma Might Be In Business After 3 September

 
According to Kevin Thompson – the MLM attorney, in below video, there is a fair chance Vemma will be again in business next week.
Kevin Thompson is the leading Network marketing top attorney in the USA.
He stated: “It’s my opinion that the FTC got this one wrong. Vemma, with a long history of product value and a A+ rating with the BBB (a near impossible feat), does not fit the “pyramid scheme” mold. This is an important case”.
He also stated that he believes the Injuction (a court order to stop business) will be lifted after the hearing, the first meeting in front of the judge, between Vemma and the FTC.
He also believes the lack of regulation in the MLM – Network marketing industry has triggered this lawsuit, basically the FTC can

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FTC Charges Vemma To Be An $200 Million iIlegal Pyramid Scheme

 
The FTC lawsuit against Vemma has been published and this are the allegations: illigal pyramid scheme, Income claims, Failure to disclose, Means and instrumentalities, Relief defendent.
The FTC was granted a court order to freeze the company’s and CEO B.K. Boreyko’s assets as well as a temporary restraining order.
“Defendants are running a global pyramid scheme that has likely victimized hundreds of thousands or millions of consumers”  the FTC said in court filings released to the public Tuesday.
It is a direct attack on the MLM – network marketing industry. If Vemma is closed down, a lot of network marketing companies with a simular model in the USA are in deep trouble.
The FTC names Vemma Nutrition Company, Vemma International Holdings, B. K. Boreyko, and Tom Alkazin as defendants.Tom Alkazin’s wife, Bethany Alkazin is named as a

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Avon Seeks $62 Million Settlement In China Bribery Case

 
Avon Products Inc is seeking approval of a $62 million settlement of a U.S. lawsuit accusing the cosmetics company of defrauding shareholders by concealing its failure to stop workers from bribing officials in China to win business.
The proposed settlement was filed on Tuesday with the U.S. District Court in Manhattan and requires a judge’s approval.
It resolves claims that Avon, former Chief Executive Andrea Jung and former Chief Financial Strategy Officer Charles Cramb, intended to mislead shareholders from 2006 to 2011 about the company’s ability to comply with the federal Foreign Corrupt Practices Act, which prohibits bribing foreign officials.
Shareholders led by two German investment funds said Avon embraced a corporate culture that was “actively hostile” to effective oversight and concealed its dependence on corrupt activity such as “dinner and karaoke” events to boost

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RetailMeNot Uses Free Speech In Lawsuit With Mary Kay

 
Austin-based RetailMeNot Inc. is using a free speech defense in a lawsuit filed by cosmetics maker Mary Kay Inc.
The digital coupon site filed its response Thursday saying Mary Kay attacked its free speech and its right to the use of publicly available information on the Internet.
Addison-based Mary Kay filed a lawsuit in March asking the court to bar RetailMeNot from using the Mary Kay name.
Mary Kay claimed in U.S. District Court in Dallas that it does not provide digital deals, offers and coupons for publication on RetailMeNot and hasn’t authorized or permitted the site to list deals, sales or codes using its name or likeness.

RetailMeNot said in a statement that it “rejects Mary Kay’s attack on the rights of Americans using its websites to freely exchange publicly available information over the Internet.”

The

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Gano Excel Loses Lawsuit Against Colombian Progal BT

 
Gano Excel opposed the use of the Ganogen brand by Progal BT with the Superintendent of Industry and Commerce (SIC) in Columbia, to protect their brand Gano Café.
Both companies make use of the medicinal fungus Ganoderma Lucidum, found in the highland rainforests of Asia and known for its therapeutic benefits, in their portfolio of its products and have been engaged in a lawsuit to defend their respective brands.
The debate began when SIC approved Progal’s application under international class 5 for nutritional supplements and products made of flour under Class 30.
Malaysian origin company Gano Excel opposed the application and appealed the SIC’s decision.
Gano Excel argued that its brand was already registered in 28 countries and the word Gano was also being used by it for its Gano Café brand, hence giving it priority. Additionally, as

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Mary Kay Goes After Web Giant RetailMeNot

 
RetailMeNot has prepared a statement claiming it believes to be in compliance with the law, but that the company is prepared to fight back in the suit.

“RetailMeNot, Inc. takes concerns related to third party intellectual property very seriously,” the prepared statement said. “RetailMeNot, Inc. continues to believe that it operates in compliance with law and in the best interests of consumers and its retail partners by aggregating information to help shoppers save money using its websites and mobile apps. 

“RetailMeNot, Inc. believes the allegations in this lawsuit are without merit and intends to vigorously contest this matter.”
Original Post: Cosmetics retailer Mary Kay has filed a lawsuit in federal court against digital coupon giant RetailMeNot, claiming the company is soliciting coupons for the cosmetic company without its consent.
Mary Kay says in the suit, filed on Friday

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Herbalife Wins Major Lawsuit

 
In a second major win for the week, Herbalife’s newest victory is a mark for things to come. Reuters reports: 
Herbalife Ltd (HLF.N) won the dismissal of a lawsuit that claimed the maker of weight-loss and nutritional products fraudulently portrayed itself as a legitimate company, and that shareholders lost money because it was actually an illegal pyramid scheme.
U.S. District Judge Dale Fischer in Los Angeles said that shareholders led by two pension funds did not show that questions raised about Herbalife’s business by hedge fund manager William Ackman and various investigators showed that the company had fraudulently inflated its stock price.
Ackman and his Pershing Square Capital Management LP have campaigned against Herbalife since December 2012, when they revealed a $1 billion bet against the Los Angeles-based company. Herbalife has long denied it is

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