Several former Chinese distributors of Nu Skin Enterprises, Inc. claim the marketer of skin care and nutritional supplements authorized sales representatives to earn compensation on their “downline” network in violation of the country’s regulations, according to a consolidated putative class-action complaint that was filed last month in Utah federal court against Nu Skin.
Nu Skin misled shareholders, orchestrating a “massive expansion in China knowing that Nu Skin’s form of multi-level compensation violated many of China’s regulations on direct selling and prohibitions on pyramid schemes,” the lead plaintiff State-Boston Retirement System, a government pension plan, alleged in the 124-page lawsuit filed on June 30.
Plaintiffs in the consolidated complaint have requested certification of a class of shareholders who purchased Nu Skin securities including options between May 4, 2011 and January 17, 2014. The end of the class period roughly coincides with a precipitous decline in Nu Skin’s stock price (NUS: NYSE), following revelations that the Chinese government was investigating its business practices.
Plaintiffs have alleged violations of Section 10(b) of The Exchange Act and Rule 10(b)(5), and Section 20(a) of The Exchange Act.
“We continue to believe the allegations are without merit and intend to defend ourselves vigorously,” Nu Skin spokesperson Kara Schneck said. “Nu