Lazy Man and Money

RIP Harriet Hall – A True Hidden Figure

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Today’s blog post is a little different. Last week, I saw on social media that Dr. Harriet Hall died. Most of my readers interested in personal finance won’t recognize her name. I don’t know if she ever had an interest in personal finance.

Readers who have followed my articles on multi-level marketing (MLM) will likely recognize her name. Dr. Hall wrote quite a few articles about MLM scams. She didn’t care about the economics of why MLM is not a business. Instead, she would explain, scientifically, that MLM Health Products don’t work.

Whenever I wrote an article such as Doterra’s essential oil scam, it was great to be able to point to a doctor’s explanation of DoTerra. That article explains why I started to warn consumers about MLM articles around 15 years ago.

Specifically, she quotes this from Stephen Barrett’s article “The Mirage of Multi-level Marketing” :

“Consumers would be wise to avoid health-related multi-level products altogether. Those that have nutritional value (such as vitamins and low-cholesterol foods) are invariably overpriced and may be unnecessary as well. Those promoted as remedies are either unproven, bogus, or intended for conditions that are unsuitable for self-medication.”

This is a great quote from her:

Why Does MLM Appeal to Manufacturers? It allows them to sell a product that could not compete in the open marketplace, at least not at those prices. It allows the big players to get filthy rich. It allows distributors to make claims the company can’t legally make in its advertising, such as: “It cured my mother’s skin cancer,” “It cured my child’s tonsillitis,” and “It keeps my kids from catching colds.” And that kind of testimonial from a friend is far more powerful than any advertising.

I should note that it is also illegal for distributors to make these claims. Unfortunately, the FDA and FTC can’t go around warning every distributor. They’ll occasionally send a warning letter to the company about claims they’ve found online.

In 2020, she covered Plexus and wrote:

“Plexus is typical of so many other MLM companies that defraud their distributors with false promises of easy income and allow distributors to make claims for their products that the company itself can’t legally make, claims that are not supported by acceptable evidence. Legitimate products don’t need to resort to MLM schemes to make profits.”

I had written about the Plexus Scam years before. We essentially came to the same conclusion.

Hall’s daughter went to her to talk to her about Le-Vel Thrive. The daughter researched and concluded that it was exorbitantly priced caffeine and vitamins. I can only guess that she saw my Le-Vel Thrive article that made those points and was one of the most popular articles on Google. Le-Vel sued me for making that opinion, and I won. The judge declared that the lawsuit was so extremely reckless and without merit that they had to pay me money for annoying me with it. That’s almost unheard of.

Notably, she saw enough data to realize that these companies are all based on the same blueprint. They all have the same characteristics that lead to fraud. Once you spot a few of them, it becomes clear that debunking them as scams is simply a game of whack-a-mole.

My favorite article of hers was this one. This explains why. Sometimes you get smart judges like the ones in the Le-Vel case, and other times you get judges who just don’t want to do their job, like in that case.

I don’t think I ever interacted with her. Her Wikipedia lists many other things she had done. I’m sure her friends and family would have much, much more to say about her. I simply wanted to put a spotlight on an amazing person who did these amazing things in just one very nuanced area (MLM health products). She certainly made my life much easier in battling the internet trolls and trying to help thousands of commenters to think more critically.

Alex Jones and Youngevity

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I’m going to be traveling for a couple of weeks in places that may not have great internet access. Also, I probably will be wanting to do fun stuff in the real world. I’ve got about 5-6 articles that are about 50-75% done, which means that maybe I’ll finish them up or… maybe not. Anything that I do publish will be a little raw. Today’s article is the most raw, which is why I’m publishing it on the weekend.

Stop MLM

Have you been following the news with Alex Jones? Looks like his lies are going to cost him around $50 million dollars. It might end costing a lot more as I read he had a lot of lawsuits out there pending.

I had only caught his show once. We were driving across the country and the radio picked it up. I think I thought it was kind of crazy, but it was around 10 years ago so my memory is a little hazy.

What I do remember is that many commenters brought up Alex Jones as validation for the MLM, Youngevity. That article got over 1500 comments (admittedly a number of them were from me as responses to the income comments).

Here’s a sampling of what some commenters (who were likely Youngevity salespeople) had to say:

I’m guessing you also are one who thinks Alex Jones is a quack, he is the one who has been promoting youngevity to people…otherwise I don’t think anyone would even know what youngevity was. I don’t believe most of the doctors know what there talking about they get paid big dollars by pharmaceutical companies.

(Source)

Yes, I guess I was one of those people who think Alex Jones is a quack. I can’t think any better definition except maybe scammer?

Lazy man … I research for 30 minutes and found the Institute of Nutraceutical Research. Was actually very easy to find. It is the clemson university. here is the site http://media-relations.www.clemson.edu/article.php?article_id=4340
2nd site…. http://infowarsteam.wordpress.com/2013/01/25/results-of-youngevity-clinical-research-studies-performed-by-clemson-university-institute-of-nutraceutical-research/

so if you have and questions contack alex jones and info wars

(Source)

Clemson University did put out a press release saying that the Institute of Nutraceutical Research’s “goals are to develop greater confidence in product quality, effectiveness and enhance consumer demand”, but they seemed to take that down because I could only find it on the archive.org and not Clemson’s live website. When I did search Clemson’s website for Youngevity, I found only this person’s PDF saying that Youngevity sponsored it for $16,500.

Sorry, I got a little off track there.

If they wanted to scam people they’d have joined the md’s medical tyranny and made billions not millions, and i don’t think dr glidden makes millions and even if he did he deserves every penny!

Your health is your health if you want to going through life slowly degrading until you die then thats up to you, but i now know it doesn’t have to be like that, a degrading life is truly avoidable.

Please remember that they are not curing you, they are just giving your body what it’s been waiting for since your birth and your body will CURE ITSELF!!

(Source)

There was a lot more to that comment and I left out Alex Jones’ appearance in it because I found this more interesting. I guess the commentor lives in a world where bodies heal themselves and never get old. It’s also common for these people to claim that doctors have this big scheme to scam people. Such “medical tyranny.”

“Wow, such a fueled debate, ain’t the freedom of speech grand.

I believe that all people are judged by the the fruit of their labors.

Alex Jones, Dr. Wallach, Dr. Glidden and countless others who have dedicated their lives to helping others with thousands of hours of research and perseverance. These are REAL people, the true pioneers of our generation, those who who endure the onslaught of adversity and continue to grow and flourish.

I have know idea who “LAZY MAN” or “VOGAL” are or what they have risked or contributed to humanity as a whole?”

(Source)

So Alex Jones has dedicated his life to helping countless others? How were the Sandy Hook families helped in any way? What positive outcome came from his lies?

You could have stuck with the line “this product is not as good as this one”, but no… you trashed even that. You then praised initiatives and associates that would trash the other product even further. But what’s worse, is you attack the character of someone who is highly regarded. Not only does that work against you, character assassination is a fallacious attempt of rebuke in any book. But no, you didn’t stop there, you went after Alex Jones, “conspiracy theorists” and even the nature of God.

(Source)

This is another part of a much longer comment. The going against the “nature of God” came because I referenced a website that did a great fact check. I guess the comment author thought that by referencing that fact check, I adopted whatever else the website’s theological stance was.

There were a few more comments, but I think you get the general idea. You can wrap Youngevity, its distributors, and Alex Jones in the same disinformation blanket. I did find one of my old quotes that I liked. I used to write a lot better back then:

“It’s really weird that people will trust conspiracy theorists who say that the FDA, Big Pharma, and MDs are all working together to make money off a sickness industry (forgetting that people have been sick far before any of them existed and are far less sick today) and are so quick to ignore the fact that Alex Jones is clearly in bed with Youngevity. Unproven conspiracy theorists promoting unproven products… that definitely sounds better than the proven doctors practicing proven medicine.”

(Source)

When I was reading about the trial, I came across this in the Guardian:

For sheer schadenfreude, however, it’s hard to beat an exchange between Jones and judge Maya Guerra Gamble in which she reminded him that “you must tell the truth while you testify”.

“I believe what I said was true,” Jones answered. The judge’s riposte has since been shared hundreds of thousands of times: “You believe everything you say is true, but it isn’t. Your beliefs do not make something true. That is what we’re doing here. Just because you claim to think something is true does not make it true.”

This quote hit me hard, because it sums up everything from every MLM distributor, especially when they represent health products. That’s how the article got so many comments. Distributors couldn’t believe the negative criticism that Youngevity is just overpriced a bunch of overpriced supplements sold through what appears to be a pyramid scheme. For the most part they came air their beliefs.

It’s not too hard to see why their beliefs are just like Alex Jones’.

Is Le-vel Thrive a Scam?

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[I wrote this article in 2015 and Le-Vel sued me. A large part of my review was misleading claims. Well, we’re in the world of COVID-19 and the FTC has sent two rounds of letters to MLM companies. With regard to Le-Vel the BBB has this long list of misleading claims from Le-Vel and/or its salesforce.]

Le-Vel tried to sue me for the article below… AND I WON! The court’s decision is here. Their conclusion states, “We decide in [Lazy Man’s] favor on his first, second, third, fourth, fifth, sixth, seventh, and tenth issues. We need not reach [Lazy Man’s] eighth and ninth issues.”

The court also ruled that Le-Vel must pay sanctions, which in my understanding, is money they have to pay for bad behavior with their lawsuit. Score one for this blogger who was only giving his opinion on a reader’s question.

I have provided this information so that you can make an informed decision. I encourage everyone to look for sources that are not influenced by Le-Vel’s money.]

What is Le-vel Thrive?

About 6 weeks before I published this article, regular reader Jason wrote me:

“[My neighbor] has started this ‘Thrive’ regiment with a patch, a pill, and perhaps some other lifestyle changes, and posts daily pictures of herself on Facebook to ‘document’ her progress with weight-loss. To me, this looks to be just another one of the plethora of scams and schemes out there. What do you know about this ‘company’? Perhaps you’ve already written articles on it that I wasn’t aware of. If not… perhaps this could be one to look into and write about for future articles.

So let’s dig in and see what we can learn about Le-vel Thrive.

What is Thrive?

Thrive is a series of products from the Le-vel MLM.

THRIVE Premium Lifestyle DFT™ Patch

A few weeks before publishing this article, Talking Points Memo wrote a great article about MLM which featured a Le-vel distributor: How Utah Became a Bizarre, Blissful Epicenter for Get-Rich-Quick Schemes

This article gives an introduction to the Thrive patch:

“After a week of wearing the Thrive nutritional patch, Denise Holbrook discovered what seemed like superhuman strength. When her husband fainted outside of a hospital, she caught him. ‘How the hell am I holding up a 200-pound man by myself?’ she remembers thinking… In a post, she announced that she thought it would be selfish not to share the supplement, considering it had allowed her to stop taking anti-anxiety medication and stay awake after sleepless nights amid her husband’s deterioration.”

The article continues:

Still, few dietary supplements have the kind of negative reviews that Thrive does, and many have been evaluated with much more thoroughness by the scientific community. (Q Sciences, for instance, claims its products are backed by research at 15 universities.) So why do distributors choose Thrive, in spite of so many stories about sketchy side effects?

When pressed by the author, Denise Holbrook said, “It’s a lot of mind-over-matter.”

So much to process here:

  • There’s the obvious adrenaline that would explain holding up a 200-pound man. Also she isn’t picking the man off the ground, a majority of his weight was probably still supported.
  • There’s the typical unbelievable claims. MLM companies have unbelievable for more than years.
  • The claims appear to violate the FTC endorsement guidelines of “Using Testimonials That Don’t Reflect the Typical Consumer Experience.”
  • The claims may also violate the FDA rules of marketing supplements. I do not believe that Le-Vel Thrive Patch is an FDA-approved treatment for anxiety. These types of claims have gotten other MLMs like DoTERRA in trouble with the FDA.

That’s just the stuff from the first quote block. The second quote block highlights the bad reputation Thrive has. The ensuing quote about it being “mind-over-matter” seems to suggest that the Thrive Patch may be the same as the Dove Beauty Patch:

If you intend to watch the video do it now, because I’m going to give some spoilers.

It turns out that the Dove Beauty Patch has no ingredients. Yet all the women were going on and on about how “life altering” the patch was and that they’d buy it. You can see their reactions on the Today Show as well.

Thrive’s website about the patch says: “The DFT™ formula supports the metabolic rate, promoting clean and healthy weight management without aiding in muscle breakdown or deterioration – like a majority of weight loss products available.”

I’m curious what “dirty” weight management may be if the patch is about clean weight management. Nonetheless, the FTC makes it clear how they feel about weight loss patches:

“Lose weight with our miracle diet patch or cream! You’ve seen the ads for diet patches or creams that claim to melt away the pounds. Don’t believe them. There’s nothing you can wear or apply to your skin that will cause you to lose weight.”

So don’t take my word for it, take the FTC’s.

The same Thrive website says, “Our all natural nutritional formula, combined with our DFT™ delivery system, infuses the derma (skin) with a THRIVE Lifestyle Formula, different than the Capsule & Shake formula. The result is a time released delivery and absorption rate superior to most consumable products.”

However, according to this Wall Street Journal article, you can’t really know if a patch is working without well-designed clinical trials. From a logical standpoint, I know ketchup is getting in my system when I eat it. A ketchup patch? Well, my confidence level in that is close to zero.

Of course, the patch alone would be too easy. Thrive website says, “Individuals using the THRIVE Premium DFT™, in conjunction with THRIVE Premium Lifestyle Capsule™, THRIVE Premium Lifestyle Shake Mix™, and the THRIVE 8 Week Experience™, will experience ultra premium results, unrivaled in regards to Nutrition, Weight Management, and Fitness.”

So let’s look at the Thrive Capsule and Thrive Shake Mix

What is the THRIVE Premium Lifestyle Capsule™?

Le-vel’s website on THRIVE M (the men’s capsule) says, “THRIVE M is a premium formula and a premium approach to your daily lifestyle. Developed from years of experience, science, and perfecting, THRIVE M is the only premium lifestyle capsule of its kind.”

For those keeping track that’s SEVEN uses of the word “premium” in only THREE quoted sentences (going back to the last heading). Someone get Le-vel a thesaurus. It’s easy to call something premium, but that doesn’t make it so.

Thrive M is essentially a multivitamin with a proprietary blend of ingredients which you can see here. The vitamins and minerals are unexciting. With only 11 vitamins and minerals with an RDA daily value, you can do better with many other products. They don’t even put vitamin C or vitamin E in it. You can do much better with Kirkland Signature Daily Multi Vitamins & Minerals Tablets (which provides more than 100% of each).

How much does thrive cost?

That Kirkland vitamin & minerals above costs around 4 cents a pill (at the time of article publishing). For a full year it would cost around $14.60.

In sharp contrast, Thrive M – Premium Lifestyle Capsules Mens is on Amazon for $62.50 for a 30 day supply. It seems that Thrive M isn’t on Amazon anymore, but I had sseen Ebay listings at around the same price. However, it looks like Thrive M is gone from there too. At the $62.50 price, Thrive M – Premium Lifestyle Capsules Mens is about $2.08 a day or $760.42 a year. Update: It looks like some MLM distributors are selling Thrive M 2.0 at $74.00 which would cost more for a year.

(If you want a gender-specific brand of vitamins, you can get Solimo Women’s One Daily Multivitamin Multimineral and Solimo Men’s One Daily Multivitamin Multimineral for about the same 4-5 cents a pill.)

So it appears you can spend about $15/year for a complete multivitamin… or you can spend more than $750/year for an incomplete one (in my opinion).

Reflect on that for a moment. You can spend 50 times more money and get less value by going with Le-vel’s product.

To make matters worse, it is scientifically proven that vitamin and mineral supplements are unnecessary for the general population. See this scientific journal article: Enough Is Enough: Stop Wasting Money on Vitamin and Mineral Supplements. As the article notes, vitamin and mineral supplements could even be harmful. The science has gotten exhaustive and it increasingly says that most people shouldn’t be buying supplements.

A strong case could be made that you shouldn’t buy either product. However, if you are going to buy one, the choice should be very obvious. I’d rather spend $15 over $750 any day.

I’m not being entirely fair in this comparison. Thrive M has a proprietary blend in addition to vitamins and minerals. Actually, in fairness, the Kirkland vitamins do as well (Ginseng at least from the description).

The problem with proprietary blends is that you don’t know how much of what you are getting. This isn’t like the Colonel’s secret recipe or Coca-cola’s recipe that are meant to taste good. This is your health. You should know what you are paying for. However, even if you knew how much you were getting of the ingredients, they may not benefit you. I didn’t see much in the proprietary formula that had the science behind it to show the FDA it had real benefits. That’s a list of approved health claims from supplements.

What is the Thrive Premium Lifestyle Mix™?

The third product is the Thrive Shake Mix. It seems that every MLM/pyramid scheme needs to have a shake mix nowadays. I’ve covered a few with Beachbody’s Shakeology, One24’s NutraBurst, and ViSalus’ Vi-Shake.

Thrive’s marketing of the mix shouldn’t surprise anyone: “THRIVE Mix, combined daily with the THRIVE Capsules and DFT™, completes a premium lifestyle, and a premium you.” I guess they had a few more “premium” mentions in there to get off their chest.

Thrive seems to want you to buy all three products. Fortunately, the shake has many of the vitamins and minerals that were missing from the multivitamin above. Or should I say unfortunately because then you have to buy two products to make up the void in one… and you still aren’t getting much vitamin C and vitamin E.

On Amazon, Thrive Premium Shake Mix costs $45 for 16 servings. That’s $2.81 a serving. That’s really, really expensive for a shake. You could get Spiru-Tein Shake which is about a dollar a serving and has many, many glowing reviews. It might not seem like much, but it is the difference between spending more than $1000 a year on a shake or $350. How many other articles have you read today that saved you $650 a year?

MLMs love shakes and it is easy to understand why. Supplement protein, fiber, and multivitamins are extremely cheap. You can get 24 grams of protein with Optimum Nutrition Whey Protein. At $0.77 a serving and nearly 10,000 awesome reviews on Amazon it seems to be a great value… especially considering that Thrive only has 15 grams of protein. For fiber, you can buy this Benefiber (switch to the 500 gram size). At $20, you’ll get 500 servings of 3 grams of fiber (1500 grams total). The 5 grams of fiber in Thrive shakes would cost you 6.6 cents (we’ll round up to $0.07).

Finally, there’s Optimum Nutrition Opti-Men Supplement. I can currently buy 240 pills (80 servings) for $22.88 (my Subscribe and Save price) or $0.36 a serving. Opti-Men seems to blow away the vitamins and minerals in both of Thrive’s mix and the capsules put together. It even includes its own proprietary blend, just in case Thrive supporters wanted to play the card that there’s other stuff of value in the products.

Between the three products, you’d spend less than a dollar a day to replace about $5 a day of Thrive shake and capsules. That saves you around $1200 a year. Add in the savings of avoiding the patch and it’s nearly $2000 in your pocket every year!

What others are saying

In an effort to provide you with the best information, here are a couple of other sources worth reading.

Truth In Advertising

Truth in Advertising is one of my favorite websites because they, like me, highlight the bits of misleading marketing that consumers should be aware of. The non-profit is truly one of the great unbiased organizations out there looking out for consumers’ best interests.

They’ve twice written about Le-Vel Thrive and each is a great resource:

Registered Dietitian Abby Langer

Abby Langer writes a scathing review of Le-Vel. Here are some of the highlights:

“The greatest branding can’t hide a faulty product, even if you declare that product as ‘premium’… One thing I think you should know is that there has never been any research done to verify that THRIVE works… Wherever they came from, testimonials are really not worth the paper (or computer) they’re written on. What’s really worth something is some good solid research on the product. Search high and low, but you won’t find any on THRIVE. There is none…

I’m not sure what all natural, clean, and healthy weight management is, but congratulations to Thrive for using three huge, completely meaningless nutrition buzzwords in one paragraph! What a feat!…

So THRIVE’s claim is essentially meaningless…

I mean, if I was gullible and not well-versed in science, they might convince me to spend tons of money using this upselling, ‘go hard or go home’ tactic. But me being who I am, I just get a headache looking at the relentless ‘convince you to spend more and more of your money to get an even better result’ BS on the site.

Thrive’s Forslean® is basically a herb called Coleus Forskohlii, which has not been shown in any reputable studies to cause weight loss… What they’ve basically done is throw a bunch of ingredients together… But none of this evidence has been studied in trials using a patch delivery system. And neither has Thrive. Oh, I already said that. Just checking that you get that..no evidence!

The THRIVE shake is super low in calories and I can’t find anything in it of any value. What’s its purpose, anyway? I can’t figure it out. Eat real food.

There is really no compelling evidence that any of the ingredients in THRIVE cause weight loss.”

It’s tempting to quote the whole article, but I think this covers most of it sufficiently. I can see why Abby Langer writes for the Huffington Post with such great insight.

Iron Beaver Fitness

Iron Beaver Fitness writes: Scam DuJour: Thrive by Le-Vel. One of my favorite quotes is at the beginning when they quote Le-Vel’s website and come to the conclusion that the product is irrelevant:

“Le-Vel was created and envisioned with a greater purpose, a premium plan. This plan is not to create a product, or a product line, but to build a global brand, a new icon.” – Le-vel’s website (https://le-vel.com/brand/philosophy)

Le-Vel seems to have threatened them with a lawsuit for hosting images of the products’ ingredients. Clearly, an editorial is allowed to display such images by fair use, but it doesn’t stop Le-Vel from attempting to sue them.

Plant City Observer

Plant City Observer has an article on Le-Vel Thrive titled “Don’t waste your money on fitness fallacies.” Here are some notable quotes from sports editor Justin Kline:

“After spending part of my last summer in college convincing a roommate that his Vemma energy drinks were part of an illegal pyramid scheme (which was actually proven to be true last year), I thought I was in the clear. But on Friday, a good friend hit me up about some energy patches… A quick Google search will tell you that these patches are part of the THRIVE eight-week fitness system, an initiative of the Le-Vel company. And a quick look at the Le-Vel website shows that it’s a similar kind of multi-level marketing company that Vemma was sold through.

Add in the fact that you’re buying products for yourself, as well as to sell to others, and that these companies often ask you to travel and buy tickets to conferences, and you could easily end up losing more money than you make.

But, this isn’t a business column. The other reason I can’t stand things like this is because the science behind them often disproves them. Essentially, there’s a chance that you’re losing money on simple bandage patches, glorified Saran wrap and smoothies you could make from the grass in your back yard.”

Recent MLM Developments You Should Know (Update 4/10/2017*)

I believe that anyone considering a “business opportunity”, should spend a few hours of research. I think these are two great areas to research:

1. Must Watch: A Humorous, Detailed Analysis on MLM

HBO’s John Oliver covers MLM in great detail.

In my opinion, it’s a tremendous read for any potential customers, but I believe no one should be allowed to sign up as a distributor without viewing this video and signing a disclosure form that they did:

There’s a specific Le-Vel mention in that video. I don’t think you want to miss it.

(Full Disclosure: I wrote this article long before HBO decided to cover Le-Vel. HBO’s and their shows’ network’s opinions are obviously their own, but I do agree with the video cited here.)

Another view of the FTC on MLMs

The FTC Chairwoman recently gave some guidance to MLMs. I think it’s important information for anyone considering joining an MLM. View the FTC guidance here. It is a little technical because I believe the audience is MLM companies.

I believe you should ask any sponsor to provide you with a written statement on how that company complies with the FTC guidance. I don’t believe it should come from a sponsor unless it is officially endorsed by the MLM company and the exact language is clearly disclosed on their website. A salesman trying to get you to join may say that they are clearly in compliance with that guidance, but I believe you should have the whole company agreeing to the FTC guidance.

If the company (as opposed to a distributor) doesn’t state a notice of compliance in prominent view with that FTC guidance, I would personally walk away.

But What About the Business of Le-Vel?

Le-vel has a “refer 2 and you get yours for free” program. Given the financial information above, it seems to me that it is like convincing two people to buy a Honda Civic for $100,000 so that you can yours for free. Any company would happily do that because they are sending out $60K worth of cars to bring in $200,000 in cash.

This encourages people to throw two people under the bus financially to get free products for themselves. I think that’s pretty selfish.

These kinds of programs highlight how overpriced the products are. Obviously, the company couldn’t stay in business giving it away for free.

The rest of the Le-vel compensation plan looks like every other MLM/pyramid scheme that I’ve covered. There’s the requirement to be Qualified and Active, which means that you have to buy the product yourself or sell enough of it each month. As mentioned above, the pricing is banana pants crazy, which is one of a few reasons why no one would buy a MLM product from you. That means you are typically going to be left paying for itself, which makes it look like a Pay-to-Play scheme.

Le-vel seems to have the same car “bonus” as other MLMs. The specifics of the car bonus are left out of the compensation brochure. Typically an MLM company requires you to get a lease in your name and reimburses you as long as you maintain the level. However, as many ViSalus distributors found out, when the pyramid implodes they are left with an expensive lease in their name, no bonus from the company, and little income from the business. It’s a path to financial ruin

However, the most insane part of the Le-vel “reward” plan is the Waiting Room which you can find at the bottom of this PDF. You can place newly recruited people under other people you have recruited in the past. This is the kind of thing that only makes sense in the world of MLM.

If you recruit a person, they should go under you. You should get the rewards for that work. It simply doesn’t make sense to give away those rewards to someone else. Thrive’s brochure is extremely lacking in details (as you can see), and it wastes value space with women in bikinis, beaches, hot air balloons, etc. Instead the Rewards Plan suggests that this Waiting Room concept allows for “very strategic team building.” (Tip: whenever you see “team” in MLM, substitute the words “pyramid” to describe the recruitment hierarchy.)

The compensation plan clearly focuses the rewards on people with the most volume in their downline, not sales to outside people. According to these FTC guidelines, that focus would appear to make Thrive a pyramid scheme. Here’s what the FTC says,

“Not all multilevel marketing plans are legitimate. If the money you make is based on your sales to the public, it may be a legitimate multilevel marketing plan. If the money you make is based on the number of people you recruit and your sales to them, it’s not. It’s a pyramid scheme. Pyramid schemes are illegal, and the vast majority of participants lose money.”

If you need more information on this, this video is very helpful:

Le-Vel Manufacturing Facebook Popularity?

One of the things that most people seem to complain about is how overzealous Le-Vel distributors flood their Facebook. It’s one thing if people are genuinely interested and sharing a product they love. It’s another thing when they coordinate all their distributors to flood Facebook all at once.

Someone passed along their “Rise and Thrive” attempt coming on Dec. 10th at 8AM CST. See this:

Le-vel Thrive Facebook-Campaign

(Click For Larger Version)

Of course the Le-Vel leaders want to keep this very quite so that it seems like it is naturally going viral. Overall, it’s pretty harmless, but I’m not a fan of secret cult manipulations.

Final Thoughts on Le-Vel Thrive

Between the extremely expensive products, dubious marketing, and what appears to be a pyramid scheme (see aforementioned FTC guidelines), I think it is clear that Le-vel Thrive is a scam. (For more on scams see: What is a Scam Anyway?)

I think consumers should make better use of $2000 or more a year… and certainly shouldn’t push others to spend that kind of money. Don’t try to convince yourself that a pyramid scheme is a legitimate business. Don’t try to convince yourself that you are helping people by inflicting a significant financial burden on them. If you are really interested in helping them, suggest some of the products that I mentioned in the article (or other equivalent ones from non-pyramid scheme companies) that are reasonably priced.

Finally, I’d like to make a special pleading for the FTC (SEC or other government agency) to look into Le-Vel and ensure all its practices are legal. In my opinion, they should have a statement page stating how they comply with with this FTC guidance. In the past I’ve found that the FTC simply works too slow in catching MLM/pyramid scheme fraud. For example, it took a decade and millions of lost dollars for the FTC to catch Fortune High-Tech’s MLM pyramid scheme. More recently it took nearly a decade for the FTC to halt Vemma for being a pyramid scheme which claimed to be a legal MLM. Finally, it took decades for the FTC to help Herbalife victims.

In each case, consumers found out years later that they were scammed out of hundreds millions of dollars (in aggregate). I agree with Former FTC Economist Peter Vander Nat, Ph.D. in calling for a federal pyramid scheme rule as the status quo is not effective in eliminating pyramid schemes. The damage is already done.

Consumers can and should in my opinion make a complaint with the FTC here.

Lawyer Stuff: Regarding Updates (Added 4/10/2017)

It’s disappointing to me that I have to cover my butt with disclaimers. I believe we (USA) have freedom of speech and freedom of the press.

The courts agreed that I published this article for you (at least in my reading.)
I STRONGLY IMPORE everyone to petition the government with your feelings about this as I have done. The official FTC Twitter account has instructions about how you can communicate your opinion of scams and help others avoid being scammed:

This article was originally published on June 26, 2015 (or earlier). It contains the best information I found at the time of publication. If anyone has factual information where I may be incorrect in my OPINION above, they are welcome to leave a comment for my own and public review. Readers with different opinions are always free to publicize those opinions elsewhere.

I strive to update this article, and all my articles, with the best information available to help consumers make an informed decision. I may not always achieve that goal due my other career and family obligations, but I do my best. If I’ve been informed publicly (such as Twitter) multiple times over 1-3 months it will probably get my attention. One easier way is to leave a comment.

Just to make it extremely clear to readers and MLM lawyers looking to sue me, the article above is my constitutionally protected opinion. It’s strange that I have to say it and cite the FTC above, but some lawyers act badly when they are offered a bunch of money by a company looking to bully a military family.

This was article originally published Jun 26, 2015 at 11:00

No, Your MLM Health Product Doesn’t “Work.”

by 101 Comments

Stop MLM

[Today we’re continuing to celebrate National Consumer Protection Week with more MLM scam awareness via an article from the past. The FTC has some good advice on MLMs from its recent consumer warnings, “Most people who join MLMs make little or no money. And, if promoters emphasize recruiting as the real way to make money, walk away.”]

I write today’s article in response to the thousands and thousands of comments that I’ve gotten from multi-level marketing (MLM) distributors for various products who make the claim that their products helped with such and such medical condition. Some of these include Le-Vel Thrive, DoTerra Essential Oils, It Works, Enagic Kangen Water, Youngevity, ASEA, Plexus, and Beachbody Shakeology. Those are just the companies/products that are still around.

Some of the popular MLMs that have disappeared are: MonaVie, Jusuru, Nerium, Vemma.

As you can tell, I wrote some in-depth reviews on all those companies/products. I think those are about half of the MLMs that I’ve covered in detail on this blog. Over the last 5 years I stopped covering MLMs for 4 reasons:

  1. They are all 99% the same – Health MLMs copy what makes sales from each other and below can be seen as their marketing blueprint. Once you debunked a dozen of the same scams, it gets kind of boring.
  2. I had two wonderful boys who deserve my time.
  3. I got bored with winning defamation lawsuits. Four companies spent over 2 million dollars in lawyers and court fees. It creates a lot of work and time.
  4. Great organizations like Truth in Advertsing are now around to fill the need.

As Dr. Jonny Bowden has written:

“New Rules: No More Claiming Mona Vie Cures Cancer!

Nor, for that matter, AIDS. Nor lupus, GERD, acne, age spots, arthritis, a balding scalp or sagging libido.

Nope. Sorry.

And lest you think I’m picking on poor MonaVie, the same is true of Xango, Mangosteen, Xocai, Tahitian Noni, and all the other ridiculously overpriced and oversold juices promoted by scientifically illiterate multi-level marketing ‘distributors’ who repeat these claims with the sincerity and earnestness of a Kucinich volunteer.”

Dr. Bowden isn’t alone in citing that these testimonials are bunk. Neil DeGrasse Tyson, perhaps best known for the popular Cosmos show, says such testimonials are “the worst form of evidence that you could possibly bring forth.” The key quote begins around the 1:50 mark, but you should invest the 6 minutes to watch the whole video.



Having received thousands of testimonials like Dr. Bowden mentioned and documented them on this site, I think it is safe to say that the people making these claims are typically those who are scientifically illiterate. They don’t offer up the clinical trials that measure the efficacy of the products. The companies themselves never put together large-scale clinical trials to prove their products are safe and effective. They rely on the “worst form of evidence”, testimonies because the scientific process in place would expose the products as ineffective.

Dr. Bowden wrote that article before the aforementioned Jusuru and Asea were around.

When you include the products that Bowden mentioned, we have 8 products that are all reportedly able to cure or aid with almost every condition known to mankind. I’ll add Xowii, Zrii, and Nopalea to round out to an even dozen. Though some of them have overlapping exotic ingredients like acai, there is no single ingredient common to all of them that could provide a reasonable explanation of healing benefits. Additionally, other products with the same exotic ingredients such as Sambazon (which has organic acai) that are sold through traditional retailers have no reported healing benefits. These 12 products only have three things in common (that I can see): they are digested, they are all sold via MLM, they are all extremely expensive. In addition, each company (I think) has hired a doctor (or a scientific advisory board) to endorse their product, which is something you don’t find with Ocean Spray (a juice like MonaVie, Jusuru) or your standard multi-vitamin (similar to some Youngevity products).

Clearly, the only logical conclusion is that selling a product via MLM bestows some magical properties allowing it to cure nearly anything or everything. Wait that isn’t logical, is it? Well, I can’t think of any other reasons for the claims… or can I?

What’s Behind All These MLM Health Claims

There are a number of factors at play with these claims:

  • The Placebo Effect – This provides the most obvious answer as to why people feel these products help them. The American Cancer Society says that placebos have an effect in 1 of 3 people. Here’s a great 3-minute video illustrating The Strange Powers of the Placebo Effect. This alone explains why people report a product with no known therapeutic value “works”:



    Update: Actually I like this short video better:

    Need a little more convincing? Here’s Dove’s Real Beauty Patches campaign that has 20 million views:

    Note: It looks like Dove took down the original video at https://www.youtube.com/watch?v=EGDMXvdwN5c. Maybe the campaign ended, I found another version of the video here:

    While the product seemed to be effective to the women using it, it had no therapeutic ingredients at all. There’s not really a difference between an MLM miracle cure and this Dove patch. Both have testimonials of people swearing that it works. Neither has the large-scale clinical trials to convince the FDA that the product has a therapeutic effect.

    In Time’s review of the campaign, the author says: “I just can’t believe the thinly-veiled marketing ruse that there is a patch that can make us more beautiful. It makes women seem too gullible, too desperate, and overall helpless against the all-knowing master manipulators at Unilever.”

    Imagine what happens when the product is a juice or a pill and pitched for some internal medical condition. It’s much more believable than Dove’s patch, which gives you an understanding of the master manipulators of MLM.

    Some people try to claim that the placebo effect can’t possibly be a factor because they didn’t believe it would help them. Research shows that even if you know you are taking a sugar pill with no active ingredients, it can make you feel better. So if you find yourself feeling better, you might just want to go to a local CVS and buy the cheapest you can find, maybe a low-dose of vitamin C.

    However, it’s worth understanding that it is well-known and well-researched that Vitamin Supplements Don’t Provide Health Benefits. Of course we knew that studies confirm that you shouldn’t waste money on vitamins for years.

    Need still more evidence of the placebo effect? It seems that 20% of people can “hear” this silent gif:

  • Spontaneous Improvement Regardless of Intervention – Sometimes things get better over time even without intervention. Many distributors are subject to drawing a causation between taking a product and the condition getting better when no such causation exists. The Latin for this fallacy is Post hoc ergo propter hoc, which means “after this, therefore because of this.” This is sometimes referred to as the “Rooster Syndrome”; “believing that the rooster’s crowing causes the sun to rise.”
  • Observer-Expectancy Effect – Since the products are usually pitched with the health claims, one taking the product may have this expectation.
  • Conscious Deception – Let’s call a spade a spade. It’s very difficult to convince people to buy $40 bottles of juice when they are used to spending $3 for juice. One of the easiest ways to close this gap is to pitch the product as an alternative to costlier medicines. I’m not saying that every MLM distributor is dishonest, but let’s agree that some are. What percentage? It’s impossible to say.
  • Price-Placebo Effect – As the Washington Post reported, people who were able to buy identical energy drinks at different prices showed very significant differences in unscrambling words. Even though the researchers made clear that the drinks were identical, those paying more had better performance. The researchers concluded, “The price-placebo effect comes from the fact that you form this global belief that low price equals low quality.” The article also showed, “A wine connoisseur who pays extra feels different from someone who pays less for the same bottle of wine because the larger financial investment increases the motivation to be satisfied.”

    In addition, the LA Times reports ‘Expensive’ placebos work better than ‘cheap’ ones, study finds. An interesting quote:

    “Instead of testing a placebo against an actual drug, they pitted two placebos against each other. The only difference between the two sham treatments was their purported price.”

    So this study shows a direct correlation as to why even a non-salesman, product-user of MLM products could be convinced that the products “work” while even people using known “sham treatments” would report the same.

    Thus when I show that Youngevity products’ prices are 4 times Amazon’s for nearly equivalent nutrition, I get a response from distributors that they “feel” the difference. Let’s go back to the placebo video above (this one). It notes that paying more for a product makes the placebo effect stronger. That’s proof positive that there’s an additive effect to these points.

  • GroupThink – Unless you’ve taken a psychology class or two, you may never have heard this term before. Wikipedia explains it:

    “Groupthink is a psychological phenomenon that occurs within a group of people, in which the desire for harmony or conformity in the group results in an incorrect or deviant decision-making outcome. Group members try to minimize conflict and reach a consensus decision without critical evaluation of alternative ideas or viewpoints, and by isolating themselves from outside influences.

    Loyalty to the group requires individuals to avoid raising controversial issues or alternative solutions, and there is a loss of individual creativity, uniqueness, and independent thinking. The dysfunctional group dynamics of the ‘ingroup’ produces an ‘illusion of invulnerability (an inflated certainty that the right decision has been made). Thus the ‘ingroup’ significantly overrates their own abilities in decision-making, and significantly underrates the abilities of their opponents (the ‘outgroup’).”

    In addition Abraham Maslow’s Hierarchy of Needs, puts Belongingness amongst his 8 basic needs of humans.

    Both of these dynamics come into play with MLM as GroupThink inhibits the ability to analyze the opportunity. In fact, MLM proponents often suggest that people can “plug into the system” removing all individual creativity, uniqueness, and independent thinking. MonaVie has used GroupThink to send its distributors a message of “you are either with us or against us” and tell them to unfriend distributors from social networks who have moved on to other companies.

    I’m reminded of the Funny or Die demonstration of how students tricked into drinking nonalcoholic beer exhibited drunk behavior:

    Groupthink at its finest, right?

  • Social Proof From a Trusted Friend – Many of these products are introduced by a friend or family, who are often quite zealous about the product and the “business opportunity.” This enthusiasm coming from a trusted source creates an obvious motivation for wanting the product to “work.”
  • Cognitive dissonance – Cognitive dissonance can be thought of a person altering reality to fit his/her perception. Specifically, the Wikipedia article claims, “After someone has performed dissonant behavior, they may find external consonant elements. A snake oil salesman may find a justification for promoting falsehoods (e.g. large personal gain), but may otherwise need to change his views about the falsehoods themselves.”

    This is the same kind of phenomenon that is found in those predicting the world is going to end, except at least with those people there is a clear expiration on their erroneous belief… when the world doesn’t end. Unfortunately, with MLM health products, there is no clear and obvious end-result that can be pointed to.

Any of the above by themselves would explain the testimonials. However, when you combine them all together, the result of the testimonials is of little surprise. We humans in general are an optimistic bunch and we all want to believe that these products are the solution to our health and financial security for not only us but our friends (by sharing the “opportunity” with them). To use the Washington Post’s words, “our motivation to be satisfied” is significantly increased by the business opportunity and our desire to help our loved ones.

Let’s run some numbers. If the placebo effect is responsible for 1 in 3 people making a claim the MLM products work, what about all the above additional factors layered onto that? I’m going to speculate that pushes it to 60%, perhaps even higher. I admit this is speculation, but I don’t have a research lab and wouldn’t know how to really conduct an accurate experiment combining all these factors. If an MLM gets 10,000 people to try the product, that’s 6,000 people who are going to come away with a positive experience. The other 4,000 will move on with their lives and probably never mention the product again. A good percentage of the 6,000 will join the MLM to make money and spread the word that the products “work.” They explain away the 4,000 by saying something to the effect of “Everyone’s different and nothing works on everyone.” In actuality, the products haven’t been shown to work for anyone.

(And if my speculation of 60% (due to the factors above) is off, the placebo effect alone still counts for 3,333 people thinking it worked and another 6,667 that continued on with their lives never thinking about the product again.)

Nonetheless, that’s where you get thousands of testimonials for any number of unrelated medical conditions across any number of unrelated products that are all sold via the same MLM distribution method. Maybe it’s just me, but I find it a better explanation than, “Whenever a product is delivered via MLM the product gets bestowed with magical healing powers.”

For these reasons, it really is best to avoid the “Just Try Our ‘Product X!'” pitch when it comes to MLM products. You don’t have the time or the money to try all the health products in the world anyway.

It’s easy for distributors to ignore the fact that if any the products worked as promised, the companies would get their products approved as treatments for such medical conditions and make billions of dollars. Many MLM distributors falsely say that such claims can’t be about supplements, but when supplements work, the FDA allows claims to be made. You don’t have to look any further than calcium and vitamin D which have been shown to help with osteoporosis.

The Appeal to Good Health

Each of the companies that I mentioned makes an appeal that it will make you healthier. Since everyone has a vested interest in their own good health, it is an easy sales pitch to make. There are plenty of news reports citing promising supplement studies, which makes some of the products seem credible. The news rarely reports on the subsequent studies that show that the supplements don’t work. Something “not” working isn’t news and doesn’t bring in high ratings by giving people hope. This NY Times article covers this phenomenon well.

It turns out that there’s extensive evidence in studies involving millions of people that you shouldn’t waste your money on supplements. If you think this article is thorough, I implore you to read that one as I think it is just as thorough.

Still, people seem to ignore it and go with anecdotal evidence instead. That kind of evidence can go both ways though. Here’s a Slate article from someone who grew up doing all the healthy things, but didn’t get vaccinated. The result was that she was sick all the time. The article even makes the point that it is anecdotal and decisions shouldn’t be based on it, yet that’s what people are doing with these MLM products all the time. If you took away the anecdotes from all the reasons above, you’d have a product that no one would buy at the exorbitant price points… unless as part of some kind of misleading business opportunity such as the MLM ones that the FTC describes here.

What is “working”?

You may have noticed I put “working” in quotes throughout this article. That’s because that’s the magic word distributors use when leaving comments on my site. “MonaVie works” and “Youngevity works”, etc. The interesting thing is that there is no consistent definition of what constitutes “working” with these products. I often ask them what clinical effectiveness research is behind the product, because as PubMed says:

“Clinical effectiveness research finds answers to the question ‘What works?’ in medical and health care.”

None of the products that I’ve mentioned have clinical effectiveness research to say that it “works” for any medical condition.

But As Long As People Feel Better It’s All Good, Right?

A first glance this appears to make sense. Many supporters of MLMs have said, “Who cares as long as people feel better?”

There are at least three things wrong with this line of thinking:

  • The Economics – What about the people who are paying an expensive price who don’t experience anything special? They might be thinking that they are doing their health a great service, but aren’t. That money could be used for proven health improvements like healthier food or maybe a gym membership. What about the people who actually believe that the product represents a legitimate health breakthrough and invest a significant portion of their life savings in a “business opportunity” where it is extensively shown that 99% of people lose money.
  • Placebos are Dangerous – That article make the point pretty clear.
  • Self-Licensing Causes An Overall Decrease in Health – This Wikipedia article makes a point about study involving supplements:

    “A 2011 study published by researchers in Taiwan indicated that people who take multivitamin pills, especially those who believe that they are receiving significant health benefits from supplement use, are more prone to subsequently engage in unhealthy activities. Participants in the study were divided into two groups, both of which were given placebo pills; one group was correctly informed that the pills contained no active ingredients and the other group was told that the pills were multivitamin supplements. Survey results showed that participants who thought that they had received a multivitamin were predisposed to smoking more cigarettes and more likely to believe that they were invulnerable to harm, injury, and disease… Participants who believed they were given a multivitamin were also less likely to exercise and to choose healthier food and had a higher desire to engage in ‘hedonic activities that involve instant gratification but pose long-term health hazards, such as casual sex, sunbathing wild parties, and excessive drinking… In the ‘multivitamin’ group, the more supplements a participant used, the less likely they were to exercise, and smoking was highest among participants who expressed a conscious belief that multivitamins increased health.”

In my MonaVie article, distributors had erroneously claimed that 2 ounces of MonaVie was equal to eating 13 fruits. They then said that this justified the $40 price for the bottle. As a result, these people were making bad health decisions due to misinformation. That doesn’t even factor self-licensing in.

Are These Claims Even Legal?

It doesn’t seem as if they are. MLM distributors are typically not educated by the companies to follow the FTC guidelines on endorsements. That article states:

“Advertisers still must have adequate substantiation to support claims made through endorsements in the same way they’re required to if they had made the representation directly. In other words, advertisers may not convey through testimonials claims they could not otherwise prove with competent and reliable evidence. But one key revision of particular interest to electronic retailers is the new standard for endorsements that don’t represent the experience buyers can expect from using the advertised product themselves.

…

Despite the unequivocal requirement that the disclosures must be clear and conspicuous, some advertisers flouted this directive by cherry-picking their best-case scenario, touting those results in banner headlines, and dropping an all-but-invisible footnote with the cryptic statement, ‘Results not typical’ or ‘Individual results may vary.’

No more. As the revised guidelines make clear, testimonials reporting specific results achieved by using the product or service generally will be interpreted to mean that the endorser’s experience is what others typically can expect to achieve. That leaves advertisers with two choices: 1) Have adequate proof to back up that claim, or 2) ‘Clearly and conspicuously disclose the generally expected performance in the depicted circumstances.'”

MLM distributors endorsing the products simply aren’t allowed to give a testimonial that they believe that the product helped with their arthritis… unless the MLM company has demonstrated significant scientific proof. As mentioned above, no MLM company has met the requirement to show the FDA that it works. I don’t know of an MLM company that has even tried.

Not only are these claims a violation of the FTC endorsement guidelines, but they are also a violation of The Dietary Supplement Health and Education Act of 1994 (DSHEA) where supplements can’t make claims to help with medical conditions with the notable exception of these well-studied claims such as vitamin D and calcium helping with osteoporosis.

As MonaVie CEO said to Newsweek in 2008 about keeping its million distributors (at the time) compliant with these laws, “It’s next to impossible, like herding cats.” Unfortunately, Newsweek didn’t pose the logical follow-up questions to him, “Why did you unleash the cats in the first place? Why don’t you just solve the problem by distributing through traditional means where there are no false claims?” The solution to the problem that MonaVie caused is obvious, it just doesn’t help sell $40 bottles of juice.

I’ve found that most often MLM companies will cover their ass in public with a blog post saying all the right things, but in private they coach distributors to use these illegal medical claims.

It’s not just a few bad eggs either. It’s commonplace. How common? Truth in Advertising extensively show as many as 97% of nutritional companies have these claims. Here are some of their findings:

“TINA.org’s investigation found that out of 62 member companies selling nutritional supplements, 60 have distributors who are making (or have made) claims that their products can diagnose, treat, cure, prevent, alleviate the symptoms of, and/or reduce the risk of developing a multitude of diseases, which means they are making illegal disease-treatment claims.

TINA.org has cataloged well over a thousand such inappropriate health claims, ranging from cancer cures to disappearing gangrene.

Or as I like to put it, “How else are you going to sell $40 bottles of juice?” Perhaps that the reason why MonaVie collapsed. It was never the juice which was outed to be nothing more than “expensive flavored water” by its inventor.

What About Weight Loss Shakes?

A number of MLMs such as Herbalife, One 24, ViSalus and MonaVie sell some kind of weight-loss shake. These products “work” as expected. That is to say that their nutritional label is likely to be accurate. Beyond the label, there’s nothing that special. You can save a lot of money by going with Slim Fast or Carnation Instant Breakfast Essentials that has essentially the equivalent nutritional content at usually less than 1/3rd the price.

Picking one weight-loss shake over another isn’t going to make or break a diet. It’s everything else, eating well and exercising, that has been shown time and time again to work. People normally don’t stay on shakes their whole lives. Without a change of underlying diet and/or exercise habits the weight comes back. For this reason, I’m not a huge fan of meal replacement shakes.

Final Thought

I’ll let you in on a little secret. When I create Lazymandium, a mix of garlic, turmeric, cacao, and chili powder, and sell it via MLM at a price of 30 pills for $50, it doesn’t “work.” I’m simply using known psychology to exploit you and make your wallet a little lighter for my own benefit.

Originally Published: February 16, 2013.

Is Every MLM a Scam?

by 131 Comments

Stop MLM

[Today we’re continuing to celebrate National Consumer Protection Week with more MLM scam awareness. The FTC has some good advice on MLMs from its recent consumer warnings, “Most people who join MLMs make little or no money. And, if promoters emphasize recruiting as the real way to make money, walk away.”]

A few years ago, I wrote an article asking if Miessense Scam. One of their distributors wrote in an email to me:

I get the impression that people think you are against all direct selling / network marketing companies. Perhaps one of these days, you can take a look at the company I am involved with … although we are direct selling / network marketing, we consider ourselves much different than most of the others … we put an emphasis on obtaining customers more than we do recruiting reps.

When you see all the components of our company, you may just be able to write something positive and shut some of these naysayers up :)

MLMers often use this as criticism of critics. Usually, it is the more simple form, “You just hate MLM.”

No, it’s not that “I just hate MLM”, it’s that I hate consumer fraud and illegal pyramid schemes. If I wrote about how wrong domestic violence was, what kind of nut would respond with, “You just hate domestic violence!”?

That comparison hinges on my opinion that MLM is fraud and an illegal pyramid scheme. Hopefully, I’ll prove that in this article. However, the complexity of the fraud is so expansive that books spanning several hundred pages are written on the topic. I hold that as a higher level of proof than I can provide in this blog post.

My argument is going to be like a horse and water. You can bring the horse to water, but you can’t make him drink. I’ll bring the information to readers, but if they are brainwashed to think MLM is legitimate, I won’t be able to change their minds… even as I cite the FTC. Even as I cite an article designed to help deprogram the brainwashed MLMers.

MLM, Fraud, and Pyramid Schemes

It sounds dangerous to say that every MLM is a scam. However, I have looked at and written about dozens now, there hasn’t been one that has been CLOSE to being legitimate. Is every person in prison guilty of a crime? I can’t be certain for sure, but at some point the pattern is unmistakable. Here’s a sampling of some I’ve looked at:

Le-Vel ThriveIt Works!Plexus
Beachbody Shakeology
DoTerra
Youngevity
Neora
Asea
Vollara

I’ve looked at a lot more than that box above, but many of them are out of business. Some of them have been found by the FTC to be scams after I’ve written about them. Those include AdvoCare, Vemma, and Herbalife.

Many of the MLMs I looked at were confidence games that relied on shady company “doctors” relying on bad science to push their nutritional supplement. That pattern has led to numerous MLMers erroneously claim that their product is a miracle or “helps the body heal itself.” No the MLM products do not do this.

But are MLMs pyramid schemes? I keep going back to what the FTC said in the past:

“Not all multilevel marketing plans are legitimate. If the money you make is based on your sales to the public, it may be a legitimate multilevel marketing plan. If the money you make is based on the number of people you recruit and your sales to them, it’s not. It’s a pyramid scheme. Pyramid schemes are illegal, and the vast majority of participants lose money.”

When I look at the people making the top money in MLM, it is because they have massive organizations of recruits and the money is based on their sales to them. In fact, this is the pitch of every MLM I’ve looked at. It is very common for them to show that if you recruit/enroll 3, who recruit/enroll 3, who recruit/enroll 3, etc. you’ll have an organization of hundreds or thousands of people.

I can’t see any way of interpreting the FTC’s words other than these very high-ranking distributors at MLMs are running illegal pyramid schemes. The MLM company itself attempts to shield itself legally from its distributor’s actions, but that argument is like Napster claiming that they didn’t foster illegal activity when users shared music. MLM companies are in a far worse legal position than Napster was because Napster wasn’t directly paying people for the illegal activity and taking a cut of the profits for themselves.

No one has ever been able to explain to me how MLMs could possibly be legitimate.

Their best efforts point to companies that are still running after a number of years. They make the claim, “If it was illegal it would be shut down.” That is what Fortune Hi-Tech Marketing said… before the FTC shut them down for being a rigged game.

It was true for Vemma and AdvoCare that ran their pyramid schemes for a decade or more before being shut down.

There are thousands of MLM companies and the FTC’s budget is very limited. They have a lot of things to do outside of MLM and one single MLM could tie up millions of dollars of that budget in a court battle. There’s a great explanation on Bloomberg about this: An Insider Explains Why the FTC Can’t Put an End to Pyramid Schemes.

A lack of effective law enforcement does not make something legal. If I become really good at stealing old ladies’ purses in a town that has no policemen, it doesn’t mean it is legal because I haven’t been caught.

No one wants to bring up the fact that Bernie Madoff ran a $50 billion scheme or how Enron was a $100 billion-dollar company. These MLM companies are peons in comparison to those schemes that ran unchecked for years and years. It isn’t surprising that many MLMs would be able to fly under the radar.

As much as they try to fly under the FTC’s radar. It feels like every MLM I’ve covered has gotten sued for being an illegal pyramid scheme. You can see a number of them here or this amazing list. There seems to be a new MLM getting into trouble every month.

If a company is legitimate and has a legitimate product, it doesn’t make business sense to associate themselves with MLMs/pyramid schemes. They could simply pay a good commission that would make people want to join without the recruitment/pyramid scheme aspect. Such a simple change would save a legitimate company from taking on the legal risk that could be a death blow to their business.

Since it doesn’t make sense for a legitimate business to take on this unnecessary risk, it stands to reason that companies that purposely choose to take on this risk do it because they know it is necessary for them… and that they aren’t legitimate businesses.

Why It Is Hard or Impossible to Find a Legitimate MLM?

I’ve thought long and hard about why this would be. Why doesn’t anyone any come up with a good MLM? It isn’t really that hard to do. I’ve written How an MLM Can Show It Isn’t an Illegal Pyramid Scheme. I’m happy to consult with an MLM to make them legit.

I believe that MLMs don’t want advice on how to become legit. I think I know why… legit MLMs can’t compete with the illegitimate ones and be profitable.

To understand why that may be the case you have to know that as Harper’s Magazine says:

“[Mary Kay’s consultants] couldn’t have it all because Mary Kay’s business model (like that of any multilevel-marketing enterprise) is designed primarily to profit from, rather than enrich, its workforce.”

It is reinforced by this article showing that MonaVie’s business model is MLM not juice. The product is juice, but no one buys $40 bottles of juice. The business model is getting people interested in a business opportunity that happens to have an admission fee of buying $40 bottles of juice.

The FTC found this to be true of BurnLounge in its pyramid scheme investigation:

Simply put, products sold by a legitimate MLM should be principally sold to consumers who are not pursuing a business opportunity. For good reason, the law has always taken a skeptical view of paying compensation to someone based on the presumed ‘internal consumption’ or ‘personal consumption’ of recruits who are pursuing a business opportunity. When a product is tied to a business opportunity, experience teaches that the people buying it may well be motivated by reasons other than actual product demand.

One of the more vivid examples of this comes from the BurnLounge case. The activities of the BurnLounge defendants included selling packages of music-related merchandise. Before the FTC brought its enforcement action, anyone who wanted to participate in the business opportunity was also required to buy a package. BurnLounge had monthly revenues of over $475,000 from package sales, but those revenues did not reflect consumer demand for BurnLounge’s merchandise. After the FTC filed suit, charging that BurnLounge made deceptive income representations and paid compensation that was tied to recruitment rather than the sale of merchandise, the court entered a preliminary injunction that radically changed BurnLounge’s operations. Under the preliminary injunction, distributors could still buy BurnLounge products if they liked the merchandise, but they could no longer advance in the business opportunity.

What happened to sales? In only two months, they plummeted from over $475,000 to less than $11,000. As it turned out, at most, only a small minority of sales had been motivated by actual product demand…

MLMs compete fiercely for other MLM distributors. They poach distributors from other MLMs all the time. Almost every MLM makes distributors sign an agreement to not work for another MLM. It doesn’t matter if the product they are selling is unrelated. That’s because the people are the product to an MLM company.

This is where MLMs “race to the bottom.”

There has been very little regulation in the industry, so companies and distributors often get away with all sorts of illegal claims. I’ve written about MonaVie juice and being pushed as cancer medication. The Huffington Post has covered it as well back in 2008. Truth in Advertising categorized thousands of these illegal health claims.

Let’s pretend you want to run a profitable legitimate MLM organization. How do you recruit distributors and handcuff what they say in an environment of other companies running illegal pyramid schemes? You can’t. If everyone is allowed to put a pile of aces up their sleeves in a poker tournament and you play an honest game, you aren’t going to be in the tournament very long.

Imagine if there were no drug testing in the NFL. It would be extraordinarily difficult for a clean linebacker to compete for a job against a group that are extensive steroids users. This is precisely the problem that Major League Baseball players had during the steroid era.

This is where I believe MLMs are. Every new MLM has to come up with a selling point to lure distributors. This selling point has increasingly become more and more misleading. It went from selling food containers (Tupperware) to make-up (Mary Kay), to juice/shakes/pills. The juice/shakes/pill MLMs add (bad) science and (illegal) health claims to make the scheme more compelling. Who knows how much worse the deception will go in competition for distributors?

So that’s my answer for the commenters like the one above who says “I get the impression that people think you are against all direct selling/network marketing companies.”

I am against them, but only because I see systemic fraud (as the FTC has warned about) and the lack of active regulatory body despite the FTC’s best efforts.

This article was originally published on March 20, 2015