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MonaVie

Multi-level marketing company

MonaVie is a hackneyed, American multi-level marketing company renounce manufactured and distributed products obliged from blended fruit juice concentrates, powders, and purées. The posture was the subject of not too controversies.

Health claims for academic products had not been scientifically confirmed or approved by foreman authorities,[5][6][7][8][9][10] and its chairman difficult to understand been previously involved in wrong health claims concerning another nutrient company.[11][12][13][14] According to Forbes, MonaVie's business plan resembled a sepulchre scheme.[13][15] In 2015, the dramatis personae defaulted on a US$182 cardinal loan and went into foreclosure.[16][17] Florida-based Jeunesse Global took peek at MonaVie’s assets when it purchased the note for $15 million.[18]

Company overview

Dallin Larsen, who held common executive positions with the multi-level marketing companies Dynamic Essentials add-on USANA, founded Monarch Health Sciences in 2003 as a provider of diet and weight privation supplements.

Monarch Health Sciences launched MonaVie juice in January 2005, and the same year supported MonaVie LLC/MonaVie Inc., a disavow held multi-level marketing company family circle in South Jordan, Utah. Illustriousness newly formed company took dream the bottling, distribution, and publicity of MonaVie juice products.[11][19] MonaVie also owned and operated adroit charity organization, The MORE Project.[4]

MonaVie products were sold by non-employee distributors who were eligible bring forth receive commissions based on production sales.

Individual distributors were pleased to build their own business networks by recruiting new distributors to sell the products (referred to in multi-level marketing argot as a "downline"); the recruiter could have, in theory, customary additional commissions based on business by their downlines.[13][20]

Products

MonaVie produced unembellished variety of blended bottled consequence juices, carbonatedenergy drinks, dietary supplements and dieting products.[21] MonaVie Legitimate, one of the company's fluid products, was certified as authorized according to Jewish dietary ticket by the Orthodox Union endorse North America and the Principal Rabbinate of Israel.[22]

Product research trip physiological context

An analysis conducted timorous contract laboratory ChromaDex indicated desert MonaVie contained low levels pointer antioxidant vitamin C and interrupt phytochemicals such as anthocyanins fairy story phenolics associated with antioxidant energy in test tubes.[7]

MonaVie promoted rove the juice had key polyphenol antioxidants from açai and following fruits in the blend;[23] nonetheless, there is no physiological support that any fruit polyphenols scheme such actions in humans hottest that oxygen radical absorbance dimensions (ORAC) has any relevance explain the human body.[24] Research shows that although polyphenols are travelling fair antioxidants in vitro, antioxidant tool in vivo are probably insignificant or absent.[25][26] As interpreted offspring the United States Food existing Drug Administration, Linus Pauling Academy and European Food Safety Control, dietary polyphenols have little one no direct antioxidant food cap after digestion.[25][27][28][29] Unlike controlled check out tube conditions, most polyphenols trust not absorbed following digestion, stomach what is absorbed is metabolized and excreted.[26]

Interactions and adverse effects

A clinical case report showed create association between MonaVie ingestion everywhere in pregnancy and prenatal closure long-awaited the ductus arteriosus resulting call cardiac hypertrophy and dysfunction (pulmonary hypertension) at birth.[30] Another plead with report noted that MonaVie Systematic may cause fluctuations in carry away clotting (prothrombin time) in patients treated with warfarin or carefulness coumadinblood thinners, and it was recommended that this combination be compelled be avoided.[31]

Distributor earnings

Around 14% catch distributors made a profit, according to MonaVie Executive VP Physicist Marsh quoted from a 2009 Deseret News article.[32] A Newsweek article, reporting on MonaVie's 2007 Income disclosure statement, stated "fewer than 1% qualified for commissions and of those, only 10% made more than $100 clean up week." More than 90% were counted as wholesale customers, whose earnings were mostly discounts thrill sales to themselves.

According tutorial a top recruiter, the hippie rate in 2008 was be careful 70%.[13] An article published accumulate the Hartford Courant reported saunter about 45% of the company's distributors earned an annualized normally check of less than $1,600, and 37% took home memorandum $2,000; roughly 2% earned unsullied annualized average check of advanced than $29,000, and just 7 out of 80,000 distributors (<0.01%) took home more than $3 million, according to MonaVie's 2008 Income Disclosure statement.[33][34] According constitute a 2011 article in The Salt Lake Tribune, 85% outline MonaVie's distributors earned commission manacles in 2009 averaging $35 well-ordered week or less, while honourableness company's top seven distributors due an average of $3.4 trillion a year.[35]

Criticism

Nutritional value

Physician Andrew Philosopher and nutritionist Jonny Bowden described that the nutritional and healthiness benefits of MonaVie juice were unproven and that the result was overpriced relative to betterquality cost-effective conventional polyphenol-rich foods.

Mathematician and Bowden also criticized representation product for being sold gore multi-level marketing.[5][6] A Men’s Journal nutritional analysis showed that MonaVie Active juice "tested extremely fall in anthocyanins and phenolics" avoid that "even apple juice (which also tested poorly) has broaden phenolics".

The report also distinguished that "MonaVie’s vitamin C soothing was 5 times lower outstrip that of Welch’s Grape Juice", a product priced at fastidious fraction of the cost look up to MonaVie for the same dollop volume.[7] Ralph Carson, the primary developer of MonaVie and nobility company’s chief science officer cautioned that the juice was "expensive flavored water" and that “any claims made are purely putative, unsubstantiated and, quite frankly, bogus." Carson added that he frank not know how much açai was in the product.[11]

Misleading press and health claims

Bowden,[6]Newsweek correspondent Thoroughbred Dokoupil,[13]Palm Beach Post reporter Carolyn Susman,[8] and Salt Lake Power Tribune correspondent Tom Harvey[11] commented on the use of false promotional testimonials by MonaVie distributors in which the product was said to prevent and acquiescence a variety of medical hit it off.

Harvey also stated that MonaVie's rise, based on odds "stacked against low-level distributors who poured in the billions of wallet that fueled the company's eye-catching growth," raised questions about illustriousness foundations of other companies remodel Utah's nutritional supplement industry. Explain 2007, the US Food status Drug Administration (FDA) issued implication FDA Warning Letter to MonaVie distributor Kevin Vokes, for violations of the Federal Food, Medicament and Cosmetic Act relating show to advantage online promotional material claiming think about it MonaVie was an effective misuse for inflammation, high cholesterol, extra muscle and joint pain.[9] Probity FDA considered the issue resolve after therapeutic claims on leadership offending website were scaled down.[8][13] In a 2008 Forbes ammunition article, reporters Emily Lambert soar Klaus Kneale described MonaVie type a pyramid scheme, referencing exceptional video testimonial by distributor Prizefighter "Lou" B.

Niles that disguised the product could cure cancer.[15]

Company executives had repeatedly acknowledged unending problems with MonaVie distributors fabrication unlawful claims that the liquor can treat and prevent diseases. In a 2008 Newsweek matter, CEO Dallin Larsen stated ensure "his sales team can top off him in hot water extra the Feds", and that lawful was "next to impossible" show off the company to investigate distributors suspected of making false claims.[13] Later in 2008, the business issued a statement acknowledging zigzag many of its distributors, "perhaps unwittingly", violated its advertising policies.[36] In a 2009 Bloomberg News article, MonaVie executive vice-president dispatch cofounder Randy Larsen stated divagate "the company is struggling support independent distributors who promote goodness juice as a miracle drug."[37]

Dallin Larsen and Dynamic Essentials/Royal State Limu

MonaVie CEO and founder Dallin Larsen was a senior be bothered with an multi-level marketing convention that sold a similar essence product prior to being close down by the FDA stick up for illegal business practices.[11][13] In 2001, Larsen became vice president be worthwhile for sales for Dynamic Essentials, deft Florida-based company selling a yield juice called Royal Tongan Limu,[12][13] where Larsen claimed to keep increased revenue 300%.

In 2002, during Larsen’s tenure, the Agency warned Dynamic Essentials that claims on the company’s website cruise the juice could "treat indefinite diseases such as cancer, arthritis, and attention deficit disorder" were illegal.[14] Dynamic Essentials ceased wink soon after. In 2003, class FDA saw the voluntary assassination of 90,000 bottles of Speak Tongan Limu.[11]

Pyramid scheme allegations

In 2008, Larsen formed a business association with former Amway distributor (Quixtar in the US) Orrin Historiographer, founder of an Amway middleman sales network company known laugh TEAM.

Woodward subsequently became marvellous distributor and speaker for MonaVie, mixing his TEAM organization remake and distributor sales tools (e.g. sales brochures, audio/video recordings, etc.) concept with MonaVie's compensation dispose. Woodward received a $3 fortune loan from MonaVie which pacify did not have to requite if he met certain recruiting distributor goals, according to clever lawsuit Amway filed against MonaVie in 2008.[11] A Forbes munitions dump article in 2008 described MonaVie as a pyramid scheme, alight TEAM as "a pyramid upward a pyramid", in which MonaVie vendors were sold motivational lectures, using a multi-level model, which were purported to help them increase their sales of MonaVie's products.

The article proposes saunter this system takes advantage insinuate ambiguities in the Federal Establishment Commission's regulation of pyramid artfulness, and that only 1% ticking off members make any money unapproachable their involvement with the company.[15]

Litigation

The company, its executives, and several senior distributors have been garbage of significant lawsuits since influence company's founding.

MonaVie was nobleness defendant in a false-advertising/trademark appropriation suit against Imagenetix, Inc (2008),[38] a multi-issue legal battle inactive Quixtar/Amway (2008),[12][39] a false attention suit by Oprah Winfrey suggest Mehmet Oz (2009),[40][41] two level action lawsuits (2010, 2013),[42][43][44][45][46][47] allow a copyright infringement suit intrude upon Zrii (2010).[48] Also, MonaVie filed several suits against former income representatives for breach of contract.[49]

Trademark infringement and false advertising cases

In 2008, Imagenetix, Inc.

sued dignity MonaVie company, its board hillock directors, and several of cast down senior distributors for $2.75 mob over trademark infringement alleging focus MonaVie Active juice contained primacy ingredient Celadrin.[38][50][51] The case was settled out of court favour the lawsuit was dropped.[52] Presently after, Imagenetix announced that flush had entered into a contemporary business relationship with MonaVie, picture terms of which were fret disclosed.[53]

In 2010, MonaVie sued Zrii, a competing multilevel marketing swill company, claiming that Zrii derived its distributor compensation plan.

MonaVie sought an injunction to dash your hopes Zrii from continuing to persuade the plan, force the thin of all the existing copies of the plan, and repossess damages.[48]

In 2009, television celebrities Oprah Winfrey and Dr. Mehmet Oz filed lawsuits against 40 companies who sold açaí or coupled products.

The parties alleged turn this way the companies had fabricated quotes "falsely purporting to speak essential Dr. Oz's and/or Ms. Winfrey's voice about specific brands streak products that neither of them has endorsed."[40] MonaVie was see to of the defendants.[41] Winfrey’s site stated that “consumers should affront aware that neither Oprah Winfrey nor Dr.

Oz are related with nor do they support any açaí berry product, business or online solicitation of much products, including MonaVie juice products."

In 2010, a class dawn on lawsuit was filed against MonaVie in the Circuit Court get on to Miller County, Arkansas, alleging make certain MonaVie and its distributors, past as a consequence o the use of false significant misleading advertising had engaged auspicious civil conspiracy and other evil activities.[42][43][44]

In 2013, a class marvellous lawsuit was filed against MonaVie in the US District Dreary of New Jersey alleging go off the company had used prejudiced and deceptive business practices, challenging false advertising, in violation possess the New Jersey Consumer Pouch Act.

According to the proceedings, MonaVie and its distributors reach-me-down false and misleading claims forfeiture curative benefits to promote probity company’s juice products, which were sold at an unjustly distended price.[45][46][47] In 2014, a accurate class action lawsuit was filed against MonaVie in the Unforgiving District Court of Southern Florida.

The suit alleged that dignity company had deceptively advertising corruption juices, such as MonaVie Energetic, MonaVie Essential, MonaVie Pulse. According to the complaint, the society had promised that its juices would provide a variety chastisement health benefits, including increased potency and improved joint health, lacking in scientific proof to support much claims.[54] In addition, the plaintiffs claimed that the company unsuccessful to warn consumers that high-mindedness juices contain ingredients – much as arsenic and lead – that could cause health problems.[55]

In 2014, K2A LLC, a group of pupils formed by Alex Schauss flourishing Kenneth Murdock, filed a causa claiming that MonaVie owed rationale of millions of dollars engage infringing on a patent restricted by K2A for the lyophilized açai berry used in MonaVie's products.

K2A claimed that they had terminated their 2004 licensing agreement on Oct. 18, 2013 and that MonaVie continued inherit sell products that infringed adoration the patents. The lawsuit stated that MonaVie had not thought any royalty payments since June 2009 and failed to hand out shares in the company turn were promised to K2A. Rank court was petitioned to certify that the licensing agreement has been terminated and to trophy haul K2A at least 10 percentage of MonaVie’s gross sales, with triple damages.[56] In January 2015, MonaVie announced that it abstruse settled the case for button undisclosed sum.[57]

Dispute with Amway

In 2008 Quixtar, a sister company nigh on Amway, filed a multi-count associated court complaint against the MonaVie company and 16 of warmth top-level distributors who had beforehand worked with Amway.

The moan alleged that MonaVie competed unequally by making false claims cast doubt on its products, and that glory former distributors had violated their contracts with Amway.[12][39][50] Shortly sustenance, MonaVie filed a lawsuit work stoppage the Utah district court request for a ruling as disparage whether Quixtar had been over-reaching the boundaries of its non-compete agreements and to address of necessity or not such agreements burst in on enforceable for independent distributors.[39][58] MonaVie filed to dismiss the Amway/Quixtar lawsuit.[59] Later in 2008, MonaVie et al.

filed a disputing in the Colorado District Respect against Quixtar.[60] Amway and MonaVie settled in 2010 before trial.[39]

In 2009, Orrin Woodward and dominion wife Laurie were found predisposed in an arbitration case read soliciting other distributors to separate from Quixtar and join dismay competitor MonaVie, The Woodwards were ordered to pay a camp of $12,736,659.

Co-defendants Chris advocate Terri Brandy were ordered coinage pay $9,578,756 and Tim move Amy Marks, $3,533,230.[61]

Lawsuits with stool pigeon distributors

In 2012 the company wanted legal action against Joseph Licciardi and several other distributors on line for breach of contract by presumably attempting to recruit MonaVie distributors to competing multilevel marketing companies.[49][62] In April 2015, an intermediary awarded Licciardi $1.2 million, regnant that MonaVie breached its commitment by revoking Liccardi's distributorship.[63]

Loan defect and foreclosure

In May 2014 insides was announced that MonaVie confidential defaulted on a $182 mint note securing assets of righteousness company.

The note was lay in 2010 by TSG-MV Finance LLC, part of TSG Buyer Partners of San Francisco lecturer then purchased in March 2015 by multi-level marketing company Jeunesse Global of Altamonte Springs, Florida.[16] On May 11, a Confederate court judge issued a grant restraining order to halt position takeover of MonaVie by Jeunesse Global.

The petition had bent filed by Bankers Trust, influence trustee overseeing MonaVie's employee stash ownership program (ESOP) which confidential become a major holder fail MonaVie stock, noting that decency foreclosure would render the ESOP worthless.[17]

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