Case #55-2021 – Monitoring Inquiry – Wildtree, Inc.

BBB NATIONAL PROGRAMS, INC.

The Direct Selling Self-Regulatory Council

Case Number: 55-2021 – Monitoring Inquiry – Wildtree, Inc.

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Company Description

Wildtree, Inc., (“Wildtree” or the “Company”) is a spice and seasoning company headquartered in Lincoln, Rhode Island that specializes in healthy meal solutions for families.

Basis of Inquiry

The Direct Selling Self-Regulatory Council (“DSSRC”) is a national advertising self-regulation program administered by BBB National Programs. This inquiry was commenced by DSSRC pursuant to its ongoing independent monitoring of advertising and marketing claims in the direct selling industry.

Earnings Claims:

The representative earnings claims that formed the basis of this inquiry were disseminated on YouTube and Facebook. Those claims are set forth below: 

• “Wildtree's unlimited earning potential can help make your financial dreams a reality.”; “earn a meaningful income each month”
• “We offer our representatives the opportunity to earn unlimited income and have a home-based business that allows them to live the American Dream” 
• “If you have ever thought about the flexibility of being your own boss, unlimited income potential…”
• “Be your own boss” and “you can choose your own income path.” 

Company’s Position

Upon receipt of DSSRC’s notice of inquiry, Wildtree contacted DSSRC and stated that the YouTube video and Facebook posts that were the subject of the inquiry were disseminated before April 2019 and contended that DSSRC did not have proper jurisdiction of the matter because the Company is no longer engaged in direct selling.

More specifically, Wildtree stated that the Company has been under new ownership since April 24, 2020 and that as of June 1, 2021, the organization no longer existed as a multi-level marketer, It also asserted that the Company solely relies on direct-to-consumer e-commerce sales and private manufacturing as its main revenue stream. Widtree further stated that the Company is undergoing internal processes to scrub its official social media properties of any posts pertaining to the previous ownership or business model.

Administrative Closing

DSSRC Although DSSRC expressed its concern regarding the earnings representations that were disseminated in the social media posts at issue, it recognized that because Wildtree no longer utilizes the direct selling business model to sell products to consumers, that this matter was outside of DSSRC’s jurisdictional purview. [1] DSSRC also confirmed that all of the social media postings at issue were disseminated prior to April 2020 before the Company transitioned from the direct selling business model.

More specifically, pursuant to section 1(B) of the DSSRC Policy and Procedures, DSSRC shall consider matters related to earnings claim (including income or lifestyle representations) and product claims made by any direct selling company (i.e. companies who sell their products and services directly to consumers through an independent salesforce) and their salesforces. Accordingly, as WildTree no longer provides an income opportunity through a direct selling business model and does not utilize an independent salesforce to sell or market its products, DSSRC agreed that it does not have the appropriate jurisdiction of the matter and, as such, has administratively closed the inquiry. [2] 

(Case No. 55-2021, closed on 12/06/2021)

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