Direct Selling Self-Regulatory Council Recommends SwissJust Discontinue Certain Health-Related Product Performance and Earnings Claims

For Immediate Release
Contact: Abby Hills, Director of Communications, BBB National Programs

703.247.9330 / press@bbbnp.org

McLean, VA – September 15, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) of BBB National Programs recommended that certain product performance and earnings claims made by SwissJust USA, a direct selling company that markets and distributes natural products for emotional, physical, and dermo-cosmetic well-being, and its salesforce be discontinued. Central to this inquiry was a concern that the challenged product performance claims communicated that SwissJust products can treat and protect against serious health-related conditions, including COVID-19. 

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 SwissJust salesforce members on social media. 

Product Claims include, but are not limited to:

  • Perfect duo fights viruses and bacteria clears the airways relieves cough, asthma, sinusitis, rhinitis, allergies, respiratory (translated from Spanish)
  • strengthens the immune system, bactericidal disinfectant, relieve the stress, defenses corona times (translated from Spanish)
  • Prevention by CORONA VIRUS (COVID-19). Strengthen your immune system using natural methods. #just #swissjust #coronavirus #covid #covid19
  • Eucasol: antiviral, asthma, bronchitis, congestion, cough, emphysema, influenza, pneumonia, sinusitis

 

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 SwissJust of its concern that these product claims may convey unsubstantiated health-related and wellness benefits. SwissJust did not contest DSSRC’s concerns. 

Earnings Claim

  • Be Part of our Team  SwissJust - You can make SwissJust a full time job or simply earn extra income to pay for life’s little extras 

 

DSSRC informed SwissJust of its concern that a reasonable consumer may interpret these and similar claims to mean that salesforce members can earn significant income from the SwissJust business opportunity and again, SwissJust did not contest DSSRC’s concerns. 

As stated in DSSRC’s Guidance on Earnings Claims for the Direct Selling Industry, while DSSRC will evaluate any claim based upon the context in which the claim appears and the potential net impression of such claim to the audience, some words and phrases commonly used in earnings claims can carry a particularly high risk of being misleading to consumers. Such words and phrases include claims such as “financial freedom,” “full-time income,” “replacement income,” “residual income,” and “career-level income.” Furthermore, earnings claims must be substantiated and representative of a level of earnings that can be generally expected by the audience. 

DSSRC requested that SwissJust immediately remove any and all social media posts indicating that its products are efficacious against serious health-related conditions as well as the challenged claims that SwissJust salesforce members will receive significant income from the SwissJust business opportunity. 

While DSSRC appreciated the company’s commitment to having the subject posts removed from social media, DSSRC remained concerned that the posts are still publicly available. 

Though SwissJust is an international company with many salesforce members located outside of the United States, DSSRC reminded SwissJust that it is nonetheless responsible for the truthfulness and accuracy of product and/or business opportunity claims disseminated by its independent salesforce members. If the post originated from a salesforce member that is no longer an active member of SwissJust’s salesforce, DSSRC will request that the company demonstrate that it made a a good faith effort to have the improper content removed, such as providing DSSRC with a copy of the takedown requests that were sent to the salesforce members responsible for the content.  


At the time of this case decision publication, SwissJust has yet to provide DSSRC with copies of the takedown requests that were sent to salesforce members and many of the challenged claims remain accessible to the public. If SwissJust does not remove unsupported product performance and earnings claims from social media, DSSRC will have no recourse but to refer this matter to the appropriate governmental agencies.

All BBB National Programs case decision summaries can be found in the case decision library. For 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

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
Decision

National Advertising Division Finds Certain Fenty Skin Melt AWF Cleanser Performance Claims Supported; Recommends Modifications to Disclosures

New York, NY – April 12, 2024 – The National Advertising Division determined, as part of its routine monitoring program, that Fenty Skin LLC provided a reasonable basis for certain claims for its Melt AWF Jelly Oil Makeup-Melting Cleanser.

Read the Decision Summary