Direct Selling Self-Regulatory Council Recommends Innov8tive Discontinue Certain Earnings and Health-Related Product Performance Claims
703.247.9330 / press@bbbnp.org
McLean, VA – March 30, 2022 – The Direct Selling Self-Regulatory Council (DSSRC) of BBB National Programs recommended that certain product performance and earnings claims made by Innov8tive Nutrition and its salesforce be discontinued.
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 Innov8tive and its salesforce members on Facebook as well as on the company website. Innov8tive is a direct selling company that sells nutritional supplements delivered in patch form.
Product Claims include, but are not limited to:
- Facebook post regarding the use of the Innov8tive Nutrition patches to treat and alleviate various health-related conditions ranging from skin conditions, neck and back to ADD and disruptive mood disorder.
- Facebook post regarding CBD study: “Scientists: Cannabis Can Prevent COVID-19 Infection.”
- Facebook post regarding CBD study: “Cannabis and COVID, could CBD protect us from the virus?”
Earnings claims include, but are not limited to:
- Website testimonial that stated: “At Innov8tive Nutrition, whether you want to retail the products or build a life-changing network marketing business we offer an Innov8tive compensation plan that can be a great fit for everyone.”
- Website testimonial that stated: “Innov8tive provides you the time freedom and an additional income stream that can change your life.”
- Website opportunity that stated: “Uncapped earnings”
- Website video that stated: “It’s why people all across the country are earning part-time and full-time income”
- Facebook post that stated: “In 8 months we had enough extra income to buy a new home.”
- Facebook post that stated: “Buy a new car for the family […] make full-time income.”
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 Innov8tive of its concern that these product claims may convey unsubstantiated health-related and wellness benefits. Innov8tive did not contest DSSRC’s concerns.
Regarding the earnings claims, DSSRC informed Innov8tive of its concern that a reasonable consumer may interpret these and similar claims to mean that salesforce members can earn significant income from the Innov8tive business opportunity. Again, Innov8tive did not contest DSSRC’s concerns.
DSSRC requested that Innov8tive immediately remove all social media posts and website language indicating that its products are efficacious against the stated health-related conditions as well as the challenged claims that salesforce members will receive significant income from the Innov8tive business opportunity. DSSRC appreciated Inno8tive’s participation in the self-regulatory process and confirmed that the company has removed all challenged content from circulation.
Should DSSRC continue to identify social media posts or website language that include claims such as the health-related and earnings claims 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.
###
About BBB National Programs: BBB National Programs is where businesses turn to enhance consumer trust and consumers are heard. The non-profit organization creates a fairer playing field for businesses and a better experience for consumers through the development and delivery of effective third-party accountability and dispute resolution programs. Embracing its role as an independent organization since the restructuring of the Council of Better Business Bureaus in June 2019, BBB National Programs today oversees more than a dozen leading national industry self-regulation programs, and continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-directed marketing, and privacy. To learn more, visit bbbprograms.org.
About the Direct Selling Self-Regulatory Council: The Direct Selling Self-Regulatory Council (DSSRC), a division of BBB National Programs, provides independent, impartial monitoring, dispute resolution, and enforcement of false product claims and income representations made by direct selling companies and their salesforce members across digital platforms. The DSSRC seeks to establish high standards of integrity and business ethics for all direct selling companies in the marketplace.
Subscribe to the Ad Law Insights or Privacy Initiatives newsletters for an exclusive monthly analysis and insider perspectives on the latest trends and case decisions in advertising law and data privacy.
Latest Decisions
Direct Selling Self-Regulatory Council Recommends Valentus Discontinue Earnings and Product Performance Claims
McLean, VA – December 23, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended Valentus, a direct selling company that sells nutritional and lifestyle products, discontinue earnings and health-related product performance claims made on social media and on the Valentus website.
Direct Selling Self-Regulatory Council Refers Olive Tree Earnings Claims to the FTC and California AG for Possible Enforcement Action
McLean, VA – December 20, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) referred Olive Tree to the Federal Trade Commission (FTC) and California Attorney General's Office for possible enforcement action after Olive Tree failed to respond to a DSSRC inquiry into earnings claims.
Children’s Advertising Review Unit Recommends JustPlay Discontinue or Modify Daisy the Yoga Goat Claims
New York, NY – December 19, 2024 - The Children’s Advertising Review Unit (CARU) launched an investigation into advertising for Just Play’s furReal Daisy the Yoga Goat seeking to determine if the toy’s product packaging and commercial advertisements comply with CARU’s Self-Regulatory Guidelines for Children’s Advertising.
In National Advertising Division Fast-Track SWIFT Challenge, Oral Essentials Voluntarily Modifies “Made in USA” Claims
New York, NY – December 19, 2024 – In a National Advertising Division challenge, Oral Essentials agreed to permanently modify its claim that certain Oral Essentials oral healthcare products are “Made in USA.”