DSSRC Administrative Closure #151

The Direct Selling Self-Regulatory Council (DSSRC) contacted a direct selling company (“Company”) regarding three Facebook posts that were identified by DSSRC as part of its ongoing monitoring of advertising and marketing claims in the direct selling industry.

The three Facebook posts originated from salesforce members located overseas. The first post included the claim “PROTECT YOUR SYSTEM AGAINST THE CORONA VIRUS.” The second post touted the Company’s “immune boosting supplement against the corona virus.” The third post at issue also referenced the efficacy of the Company’s product to protect against the corona virus.

The Company immediately responded to the DSSRC inquiry and promptly removed the first and second Facebook posts. The remaining post proved more difficult for the Company to address. The post was disseminated by an inactive salesforce member located in Nigeria and, despite the Company’s efforts, it could not contact the individual. Accordingly, the Company utilized Facebook’s online mechanism to report unauthorized use of the Company’s trademark and is waiting for the platform to respond to the request.

As DSSRC has noted in several previous inquiries, once a direct selling company learns that an inactive salesforce member has disseminated a post that includes language not authorized by the company, the company should make a bona fide, good faith effort to contact the individual to request that the improper claim be removed. DSSRC also recommends that the company take additional steps to remove such claims from the marketplace including utilizing the mechanism that websites and social media platforms may have for removal of trademark or copyright violations. If the subject claim by a former salesforce member occurs on a platform without a reporting mechanism, DSSRC recommends that the company should also contact the platform in writing and request removal of the subject claim or post.

Pending Facebook’s response to the Company’s request to remove the unauthorized post from an inactive salesforce members located in Nigeria and based upon the Company’s actions to effectuate removal of the two other posts that were the subject of the self-regulatory inquiry, DSSRC determined that the Company has demonstrated that it has made a good faith effort to address the concerns of DSSRC to effectuate the removal of the three Facebook posts that were disseminated by former salesforce members located outside of the United States. As a result of these efforts, DSSRC has administratively closed its inquiry.

(closed on 03/23/2021)

 

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

Decision

National Advertising Division Recommends Blueprint Test Preparation Discontinue Certain MCAT Score Improvement Claims

New York, NY – April 22, 2024 – The National Advertising Division recommended Blueprint Test Preparation discontinue certain express and implied claims made in connection with its four MCAT preparation courses, including claims that Blueprint students raise their MCAT scores by 15 or 13 points on average.

Read the Decision Summary
Decision

National Advertising Division Recommends The Princeton Review Discontinue Point Increase Claims for MCAT Test Preparation Services

New York, NY – April 18, 2024 – In a Fast-Track SWIFT challenge, the National Advertising Division recommended that The Princeton Review (TPR) discontinue claims that its students “Score a 515+ on the MCAT or add 15 points depending on your starting score. Guaranteed or your money back.”

Read the Decision Summary
Decision

Direct Selling Self-Regulatory Council Recommends Trades of Hope Discontinue Salesforce Member Earnings Claims

McLean, VA – April 17, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that Trades of Hope discontinue certain earnings claims made by salesforce members on Facebook and YouTube. 

Read the Decision Summary
Decision

National Advertising Division Recommends Lily of the Desert Nutraceuticals Discontinue “100% Pure Avocado Oil” Claim for Tropical Plantation Avocado Oil

New York, NY – April 15, 2024 – The National Advertising Division recommended that Lily of the Desert Nutraceuticals discontinue the claim “100% Pure Avocado Oil” for its Tropical Plantation Avocado Oil and avoid conveying the unsupported message that the product is 100% pure avocado...

Read the Decision Summary