Direct Selling Self-Regulatory Council Recommends B-Epic Discontinue Certain Earnings and Product Performance Claims

The inquiry was commenced by DSSRC through its ongoing independent monitoring of advertising and marketing claims in the direct selling industry. The claims that were the subject of the inquiry were disseminated by B-Epic salesforce members on social media. B-Epic is a direct-selling company that markets health, detox, and fitness products.

Earning Claim

• “you want to make, I mean, if someone’s upset about making $20,000 a week in the binary when you have that with your check match you’d be making a million dollars”

Product claims include, but are not limited to:

• “Do you suffer from anxiety? Do you have chronic pain? Minimize feelings of stress and anxiety; Help manage pain and reduce inflammation; Promote relaxation; Assist in relieving insomnia.”
• “Strengthen Immune Response; Boost and Balance Immune System; Help protect the Body Against Illness”
• “I’ve been diagnosed with chronic migraines and have Rx’s for Imitrex and Promethazine. I was taking a Promethazine 1x a day and an Imitrex at least once a week for a really bad migraine. I have taken ZERO since I started b-Epic. I’ve had mild headaches but NO migraines at all.”
• “I have suffered from migraines  (weekly) for years and have not had one in almost 2 months. Big WHOA for me!! I no longer take my daily migraine medication!! The scale hasn’t moved too much but the inches have!!! I sleep sooo good and my stress level way down”
• “B-Epic Supplements - That Will Change Your Life. From anxiety killers to immunity boosters, we have all for your needs ”
• “Do you suffer with stress and/or anxiety   ? Both emotional and physical stress can put a huge strain on our bodies ability to function properly. Our elev8 capsules contain adaptogenic herbs  or "adaptogens" along with other natural ingredients which help the body deal with stress naturally along with more energy  , mental clarity, combating fatigue  and providing 100% bioavailable phytonutrients to improve overall health.”
• When I started with my B-Epic journey I was in an unhappy marriage, 17st9 and suffering with – two herniated discs in my neck; Fibromyalgia; depression and anxiety; I was on a lot of pain medication and barely surviving each day; From my trial I lost 4lb but more than that within 30 minutes of taking elev8 my mood had lifted and I had more energy  to do things  I wouldn’t normally do; Fast Forward a year my divorce is going through, I’m pain free and I’ve lost 6 stone.”
• “Naturally Increases #Energy and #Stamina. Reduces Fatigue. Supports Optimal Mental and Physical Performance. Enhances Mental Clarity, #Focus, and #Memory. Helps Boost #Mood and Relieve Feelings of Stress and Anxiety. Strengthens Immune System and Speeds Recovery Time.”
• Elev8 components together and separately can provide the following health benefits; healthier vessels and joints; skin diseases disappear; lower sugar and cholesterol; less inflammation, pain and migraine; weight loss and better metabolism; faster recovery from illness, injury and surgery; stronger bones; blood pressure returns to normal.”
• “No more headaches; No more tremors; No more constipation while taking my vitamins. I could not take regular multivitamins because it would make me constipated; No more insane mood swings; No more anxiety and depression; Not bloated anymore; No more brain fog; My menstrual cycle is not killing me anymore. (no cramps, no more nausea and energy to get through the day); Insane nail growth.”

As noted in previous DSSRC cases, health-related claims must be supported by competent and reliable scientific evidence, as defined by the Federal Trade Commission (FTC). DSSRC informed B-Epic of its concern that these product claims may convey unsubstantiated health-related and wellness benefits. B-Epic did not contest DSSRC’s concerns. 

Regarding the earnings claim, DSSRC informed B-Epic of its concern that a reasonable consumer may interpret these and similar claims to mean that salesforce members can earn significant income from the B-Epic business opportunity. Again, B-Epic did not contest DSSRC’s concerns. 

DSSRC requested that B-Epic immediately remove all social media posts indicating that its products are efficacious against the stated health-related conditions as well as the subject claim that salesforce members will receive significant income from the B-Epic business opportunity. DSSRC appreciated B-Epic’s participation in the self-regulatory process and confirmed that the company was able to quickly remove eight of the 12 social media posts in question.

Regarding the four remaining social media posts, B-Epic provided DSSRC with copies of notices that were sent to the salesforce members who were responsible for the claims and, because they failed to respond to the take-down requests, B-Epic suspended and locked their accounts.  

Should DSSRC continue to identify social media posts or website language that include claims such as those outlined in this case, it will commence a compliance inquiry with Innov8tive to evaluate the appropriate steps that have been taken to ensure that such claims are discontinued.

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of DSSRC decisions, visit the DSSRC Cases and Closures webpage.