In light of the recent shutdown of multi-level marketing company Vemma (following allegations that it is a pyramid scheme),there has been much discussion of Herbalife. Is it a more legitimate MLM, or is it a pyramid scheme like Vemma and others that have been shut down before it (BurnLounge, Fortune Hi Tech Marketing, etc.)???
“Analyst” Tim Ramey, longtime Herbalife cheerleader, contends that Herbalife is not like Vemma:
Our opinion has always been that Vemma was likely an illegal structure – it has that endless chain feature where “Affiliates” are incentivized to buy a high-priced starter kit with minimal real value, only to turn around and very quickly find two, three or four others to do the same so that they can reap a quick profit and recoup their initial “investment,” said Ramey.
This is a familiar argument. MLMs left standing after one is shut down claim that THEIR company doesn’t pay for recruiting. And technically it appears that they don’t. Except they do. They may not have a “high priced starter kit” or may not pay a “commission” on the starter kit. Instead, they encourage distributors to buy a bunch of products up front and commission is paid on those. Since those products could theoretically be sold, I suppose that’s not paying for recruiting so much it is paying for getting the recruit to buy some overpriced, hard-to-sell products. MLM attorneys will tell you that you have to make it look like you’re not paying for recruiting or the kit. Continue reading
In March, the Federal Trade Commission entered an order against multi-level marketing company BurnLounge, prohibiting the company and its founders from making certain misrepresentation and requiring them to disclose certain things in the future. Over the last few months, the heat has been on Herbalife, after short seller David Einhorn asked some important questions on a conference call. (Don’t let HLF tell you the questions were elementary or not important. They are very important.)
There is no doubt that Herbalife has had much financial success over the years. It is the largest publicly traded MLM, and its stock price has increased greatly since 2007. But are there things to be worried about? If you know something about multilevel marketing, the answer is YES. Continue reading
Behind Different Masks, the Same Face
Two companies, BurnLounge Inc.(1) and Usana Health Sciences, are in the spotlight of federal regulators, investors, fraud investigators and business journalists. The fundamental legitimacy of each company is in question. Both are being called calculated and sophisticated frauds. Tens of thousands of consumers are wondering if they have been duped by these schemes.
- Federal regulatory agencies have announced investigations or prosecutions of both companies. The United Securities & Exchange Commission (SEC) announced an informal investigation of Usana. Burnlounge is being prosecuted by the United States Federal Trade Commission (FTC) for unfair and deceptive trade practices. Continue reading