Case #169-2024: Administrative Closure – Vida Divina Worldwide, Inc.

BBB NATIONAL PROGRAMS

Direct Selling Self-Regulatory Council
Case #169-2024: Administrative Closure – Vida Divina Worldwide, Inc.

Company Description

Vida Divina Worldwide, Inc., (“Vida Divina” or the “Company”) is a direct selling company that markets health and wellness products, including beverages and nutritional supplements. The Company is headquartered in Ontario, California and was founded in 2016.

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 product and income claims in the direct selling industry and to further explore the findings of an evaluation of the Company’s income claims previously conducted by a non-governmental organization (“NGO”).¹

DSSRC’s inquiry included the following 13 representative income claims communicated on Facebook, Instagram, Tik Tok, and on the Company website:

• “Let us roll out the red carpet for you as a sign of our appreciation as we take you on an all-expense-paid leadership trip and exotic vacations.”
  • “Are you looking for full time or part time opportunity to earn a second stream of income online?”
  • “…and now he has multiple properties, multiple cars, and multiple bank accounts with multiple six figures saved.”
  • “…in this issue, it’s filled with powerful stories of people who I personally mentored to 6-7 figures in the industry.”
  • “Who is ready to earn $100,000/annum with Vida divina business? #vidadivinamillionaire”
  • “…set yourself financially free with VIDA DIVINA financial freedom, earn as much as $120 to $600 weekly #vidadivina is the freedom of life.”
  • Image depicting two red sports cars
  • “…over 150 millionaires in US Dollars has (sic) been made in less than 36 months across the globe… ”
  • Video of people dancing accompanied by language stating "Rising millionaires in Vida Divina."
  • “The best compensation plan ever - Over 110 USD millionaires.”
  • “financial freedom”²

   

Company’s Position

Vida Divina reported to DSSRC that it had taken corrective measures to address the concerns by removing 11 of the 13 claims identified in DSSRC's Notice of Inquiry.

Vida Divina emphasized that the Company prioritizes regulatory compliance and informed DSSRC that Company Policies prohibit the dissemination of unsupported and inaccurate income claims. Vida Divina stated that these policies require the termination or suspension of salesforce member accounts if they fail to respond to the Company’s request to modify or remove a social media post. The Company noted that it conducts regular training for its salesforce members regarding compliant sales practices and income claims via Facebook leader chats, Facebook Live, as well as training at their National and Regional Events.

The Company asserted that many of the identified claims were disseminated by inactive salesforce members several years ago. Notwithstanding, Vida Divina provided written confirmation to DSSRC that it had reached out to all of the individuals responsible for the posts requesting that they be removed. More specifically, the Company informed DSSRC that “Our team is currently working on removing the unauthorized publication as it goes against the policies established in our company. It's important to note that these profiles were not posted by us, but we are contacting the account owner to ensure their prompt removal.”

With respect to the two claims communicated on social media, which remain publicly accessible, Vida Divina informed DSSRC that the posts were disseminated in 2018 and 2019 by an inactive salesforce member located in South Africa. In addition to attempting to contact the individual responsible for the post, the Company also confirmed that it had reached out to Instagram to inform the platform of the unauthorized claims.

Finally, beyond addressing the 13 posts identified by DSSRC, the Company voluntarily removed three additional earnings claims that came to its attention during the course of the inquiry.

Administrative Closure

DSSRC appreciated the efforts of Vida Divina to successfully remove all but two of the social media posts brought to its attention and for its good faith efforts to contact the salesforce member and the social media platform regarding the remaining Instagram posts. DSSRC concluded that the Company’s actions were necessary and appropriate.

According to section 13 of the Federal Trade Commission’s (FTC) Business Guidance for Multi-Level Marketers, “Any earnings claim should reflect what the typical person to whom the representation is directed is likely to achieve in income, profit, or appreciation…. Presenting atypical earnings to consumers considering an income opportunity is likely to generate a deceptive impression. At a minimum, avoiding deception requires a clear, prominent, and unavoidable presentation of the typical participant’s revenue and expenses—all of which must be substantiated.”

With respect to posts disseminated by inactive salesforce members, DSSRC has noted in several previous self-regulatory inquiries that when a direct selling company is made aware of an improper claim that was made by an individual and the company recognizes the claim to be untrue and unsupported, DSSRC acknowledges that the direct selling company may not be able to require the individual to remove such claim if the individual is no longer active with the company. In that instance, if the social media platform where the subject post was made provides a mechanism for reporting trademark or copyright violations, DSSRC recommends that, as a demonstration of the company’s good faith effort to address the claims at issue, the direct selling company promptly utilize such mechanism and seek removal of the subject claims and/or posts. If efforts to utilize a mechanism for reporting trademark or copyright violations are unsuccessful or if the subject claim occurred on a website or platform without a reporting mechanism, DSSRC recommends that in addition to making a bona fide good faith effort to contact the individual as described above, the Company contact the website or platform in writing and request removal of the subject claim or post.

Conclusion

Vida Divina successfully removed 11 of the 13 online claims at issue in the inquiry. With respect to the two remaining social media posts from 2018 and 2019 that were disseminated by an inactive salesforce member located in South Africa, the Company provided confirmation that it attempted to contact the individual to remove the claims and reached out to Instagram to advise the platform of the unauthorized claims. The Company also voluntarily removed three additional earnings claims that came to its attention during the course of the inquiry. Based upon Vida Divina’s good faith actions, DSSRC administratively closed its inquiry.

Company Statement

“Vida Divina Worldwide is fully committed to truthfulness and transparency when promoting our business opportunity and products. Our favorable reputation with consumers and industry peers alike is a source of great pride for us and something we strive to protect. We will continue to identify and act on opportunities to provide further compliance training and tools to our sales force.

We have hired an outside Social Media firm to help us clean up any posts made by Customers and Affiliates that we cannot identify.  In addition, we have also set up a Facebook group with 50 of our top leaders to provide updates, training and tips as it pertains to compliance.”

(Case #169, closed on 08/21/24)
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