FTC Targets Acai Seller

    Kevin Thompson is an MLM attorney, proud husband, father of four and a founding member of Thompson Burton PLLC. Named as one of the top 25 most influential people in direct sales, Kevin Thompson has extensive experience to help entrepreneurs launch their businesses on secure legal footing. Recently featured on Bloomberg TV and several national publications, Thompson is a thought-leader in the industry.

    The Federal Trade Commission has filed a complaint to stop LeanSpa, a weight loss company that has allegedly used fake news websites from affiliate marketers to promote its acai products.  LeanSpa parties apparently used affiliate marketers to drive interest to their program.  Allegedly, the affiliates used “fake news sites” to fein credibility about the products and drive traffic to the main site; thus, earning themselves commissions.  In its press release, the FTC states,

    The complaint alleges that the defendants hired affiliate marketers who used fake news websites to promote the defendants’ products. The fake news websites used domain names that appear to be objective news or health sites, such as channel8health.com, dailyhealth6.com, and online6health.com. . . The fake news sites had links to the defendants’ own websites, where consumers were offered trial samples of two weight-loss dietary supplements: an acai-berry product and a colon cleanse product. The affiliate marketers earned a commission for each consumer who landed on their sites and signed up for a trial.”

    There are three things that stand-out with this lawsuit that are relevant for the MLM community.

    First, never outsource the creation of marketing materials without proper guidelines.

    In the case mentioned above, the FTC highlighted the marketing practices leveraged by the affiliates.  The affiliates were obviously creating their own marketing materials, leading them to pretend to be objective reporters and using with legitimate-looking domain names. Although they were not agents of the company, the behavior still got the company in serious trouble.  With MLM companies, it’s more complex than a simple affiliate model.  With a MLM model, it’s specifically designed to not only recruit and retain first level affiliates, it’s designed to empower those individuals to sponsor and train other people. It’s an affiliate model on steroids.  With this in mind, it’s imperative for companies to at least maintain approval-rights before a leader can develop MLM training.  This includes restraining the field’s ability to create internet landing pages.  It seems harsh, but it’s the irresponsible 1% that can lead to the ship burning down.

    Second, when making endorsements, affiliates must disclose their relationship

    In the past, I wrote about the revised FTC guidelines.  In these guidelines, the FTC makes it painfully clear that when there’s a financial connection between an endorser and a business, the endorser is obligated it disclose the relationship.  Specifically, it requires disclosure when: “When there exists a connection between the endorser and the seller of the advertised product that might materially affect the weight or credibility of the endorsement (i.e., the connection is not reasonably expected by the audience), such connection must be fully disclosed.”  With LeanSpa, the affiliates were trying to pretend to be objective reports, which put the company at substantial risk.

    Third, avoid the “Negative-Option Continuity” plan

    This one is just plain common-sense.  A negative-option plan is one where a participant is automatically enrolled in an autoship and they need to specifically opt-out. With LeanSpa, apparently people were enticed into purchasing small samples of the product.  However, they failed to realize that they were also committing to a monthly $80 purchase of inventory. If a MLM business has an autoship program, it’s vital to ensure the distributor specifically chooses to participate in the program.  Do not allow the sponsor to enroll the distributor into an autoship program without express consent.  And be candid about the financial commitment involved.

    Bonus: Playing dumb never works.

    It would be easy for a company like LeanSpa to say, “we’re not able to control how these people market our products.”  At the end of the day, the FTC is not going to buy the argument. Companies cannot reap the benefits of misrepresentation without accepting responsibility from the methods by which the benefits were obtained. While it’s hard to run a tight ship, it’s incumbent upon every MLM company to do it right given the high stakes. MLM compliance departments are very important.

    What are your thoughts?  Do you see any poorly run websites out there run by distributors?  How should the company monitor the web to prevent it?

    MLM Training and the Importance of Competency

      Kevin Thompson is an MLM attorney, proud husband, father of four and a founding member of Thompson Burton PLLC. Named as one of the top 25 most influential people in direct sales, Kevin Thompson has extensive experience to help entrepreneurs launch their businesses on secure legal footing. Recently featured on Bloomberg TV and several national publications, Thompson is a thought-leader in the industry.


      it’s simultaneously the most important AND least talked about aspect in the direct selling industry. The relationships that develop between participants while building their businesses is the most important component that makes our industry special. And those relationships are solidified via training. It’s unique to the direct sales industry where sponsors are obligated to train and mentor their recruits about selling and team building. It’s through these deep relationships between participants that cultures and brands are built.

      Some companies allow high level distributors to create training programs for their downlines. These are referred to as “tool companies.” I was baptized in the industry representing Orrin Woodward’s tool company, Team, when he was affiliated with Amway and subsequently MonaVie. These training programs are designed to offer plug-and-play solutions for new distributors…distributors are given the choice of plugging into the training program and receiving the tools necessary to build profitable businesses.


      When companies allow distributors to create tool companies (not all of them do), there’s usually a qualification that needs to be met before they can begin promoting their program. The qualification is one that usually separates the professionals from the amateurs and it ensures that the best networkers, the networkers with real results (not theoretical), are the ones influencing the next generation of leaders. It makes sense to have high standards. When the value of a company’s brand lies in the hands of its distributors, they have a significant interest in ensuring their trainers are actually competent.

      I’ve beaten up on MonaVie recently. When they led with a hand gun instead of a handshake and threatened a friend with a lawsuit, I was not impressed. Setting it aside, I want to highlight something they do really well: they only let highly qualified networkers run tool companies.

      When Orrin Woodward transitioned over to MonaVie, we were never allowed to sell a single CD until after he reached the Black Diamond status. The bar was set, it was the same for everyone, and he had to jump over it like everyone else.

      Lately, I’ve seen multiple tool companies pop up from distributors with minimal experience and small organizations….and their MLM companies allow it. These tool companies (which I will not reference by name) make the rookie mistakes of promising easy money. The pitch is always the same: “We’re going to use more social media….We don’t sell products….We just host conference calls….Just enroll three people and your business explodes….We just drive traffic to websites.” The end result is predictable: an inactive sales culture where the participants enroll with a lottery mentality and sit and wait for others to lead. True professionals in the space never make this mistake. They’re up front with the work requirements and they create duplicatable patterns that can be copied by anyone. When the rookies tell everyone “this is easy,” at some point boots need to hit the ground and when it’s time, they’re shocked that nothing happens.

      Message for executives

      When the value of your brand rests in the hand of your representatives, I would advise you only pass the megaphone to your most experienced sales reps. Simply because I’ve seen surgery on TV does not make me qualified to do the real thing. If you allow amateurs to create programs and hold themselves out as ambassadors of your company, you might develop a cancerous sales culture that could, and probably will, lead to hype, inappropriate product and income claims and trouble.