Case #150-2024: Administrative Closure – Vida Divina Worldwide, Inc.

BBB NATIONAL PROGRAMS

Direct Selling Self-Regulatory Council
Case #150-2024: 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, Canada 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.

This inquiry included the following 10 representative product performance claims which were communicated on Facebook, Instagram, and TikTok:

  • “🎯May Improve Immune Function in People With Certain Cancers

    🎯May Enhance the Efficacy of Certain Cancer Treatments”

     

  • “Testimony: Having been diagnosed with hypothyroidism, polycystic ovarian syndrome, and pre-diabetes. Losing weight was nearly impossible for me. Nothing worked until I tried TeDivina Detox Tea. Thanks be to God for the ingredients and to Vida Divina for creating this AMAZING product.”

     

  • “Customer bought a sachet of The Divine Tea and she reported that her blood sugar remained stable for that seven days, so much so that she did not take her evening dose of insulin for those seven days! She could only afford one week's supply but last week she felt great in her body and even believed she lost a few pounds!”

     

  • “Regulate blood sugar levels; Regulate blood pressure; Stimulate T-cell activity; Improve weight loss and reduce obesity; Prevent ulcers; Regulates cholesterol levels; Gently cleanse the liver; Fight Viruses”

     

  • “Lowers Cholesterol”

     

  • “Inflammation, Excuse Mucous, Reproductive health issues, hormonal imbalance are some reasons why so many persons are facing infertility issues.

    Many of my customers who where infertile are now enjoying parenthood just be doing my #detox #program followed by my guidelines.”

     

  • “Te Divina Detox Tea:

    🎯Improve sleep and relaxation

    🎯Regulate blood sugar levels

    🎯Improve chronic sinus problems

    🎯Reduce irritable bowel syndrome symptoms (cramping, constipation, diarrhea)

    🎯Fight viruses- as some of the ingredients have anti-viral properties

    🎯Fight fungus - such as candida - as some of the ingredients have anti-fungal properties

    🎯Cleanse the colon and may help the digestive system to work more effectively

    🎯Alleviate stress and support adrenal function

    🎯Regulate blood pressure

     Improve immune system due to some ingredients having anti-oxidant properties

    🎯Stimulate T-cell activity

    🎯Improve weight loss and reduce obesity

    🎯Gently cleanse the liver

    🎯Reduce  cramps and painful menstruation

    🎯Minimize soreness and aching due to anti-inflammatory ingredients

    🎯Alleviate fevers

     Improve the health of heart and lungs

    🎯Improves  memory due to increased blood circulation to the brain

    🎯Relieves gas, indigestion and ‘sour stomach’

    🎯 Improves circulation

    🎯 Soothe the digestive tract

    🎯 Preventt ulcers

    🎯Reduces urinary tract infections (UTI’s)

     Improve gut health/gut bacteria and act as a prebiotic

    🎯 Reduces nausea

    🎯Regulates  cholesterol levels”

     

  • “Research has found that lion's mane may protect against dementia, reduce mild symptoms of anxiety and depression, and help repair nerve damage.”

     

  • “Lowers Blood pressure naturally; Lowers Blood sugar levels naturally; Boosts energy; Improved Blood Circulation; refer to as liposuction in a bottle”

     

  • “Helps with: Fibroids and PCOS; Pregnancy; Hypertension; Aches and pains; Menstrual discomfort; Inflammation; Immune system; Diabetes; Regulates blood sugar; Digestive support; Balance hormones.”

 

Company’s Position

Vida Divina reported to DSSRC that it had taken corrective measures to address the concerns by removing nine out of the 10 posts identified in DSSRC's Notice of Inquiry. The Company provided written confirmation to DSSRC that it had reached out to all of the individuals responsible for the posts, successfully eliminating all but one. Regarding the remaining social media post, 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.” Accordingly, the Company provided written confirmation to DSSRC that it had attempted to contact the individual responsible for the remaining TikTok video to have the post removed.”

 

Administrative Closure

DSSRC appreciated the efforts of Vida Divina to remove all but one of the social media posts brought to its attention and for its good faith efforts to contact the salesforce member responsible for the remaining TikTok post. It was concluded that the Company’s actions were necessary and appropriate.

In the absence of reliable competent scientific evidence to support the health-related claims at issue, DSSRC agreed that the Company took the appropriate action to facilitate removal of the product performance claims that were communicated by its salesforce members. As noted in the Federal Trade Commission’s (FTC) 2022 Health Products Compliance Guidance, the FTC’s substantiation standard is a rigorous one, particularly when claims relate to health. The FTC has more specifically defined its standard for health-related claims as “tests, analyses, research, or studies that (1) have been conducted and evaluated in an objective manner by experts in the relevant disease, condition, or function to which the representation relates; and (2) are generally accepted in the profession to yield accurate and reliable results.” In addition, the FTC requires that the research must be “sufficient in quality and quantity based on standards generally accepted in the relevant scientific fields, when considered in light of the entire body of relevant and reliable scientific evidence, to substantiate that the representation is true.”1

In addition to its attempts at contacting the individual responsible for the remaining TikTok post, DSSRC recommends that the Company take further action to facilitate the removal of the post. As DSSRC has noted in previous inquiries, 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 the direct selling company promptly utilize such mechanism and seek removal of the subject claims and 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.

In addition, if the individual who was responsible for the social media post is an active salesforce member with Vida Divina and continues to be unresponsive to the Company’s request to remove the post, the Company should initiate enforcement measures pursuant to its Policy & Procedures and either suspend or terminate the account of the salesforce member.2

 

Conclusion

Based upon the good faith actions taken by Vida Divina to address DSSRC’s concerns in the inquiry and remove nine of the 10 subject posts, DSSRC administratively closed its inquiry. Notwithstanding, DSSRC recommended that the Company also contact TikTok and alert them of the unauthorized post. If the individual who was responsible for the social media post is an active salesforce member with Vida Divina and continues to be unresponsive to the Company’s request to remove the post, DSSRC recommends the Company initiate enforcement measures pursuant to its Policy & Procedures and either suspend or terminate the account of the salesforce member.

 

(Case #150, closed on 03/11/24)
© 2024 BBB National Programs.

 

[1] See Section III(B) of the FTC Health Products Compliance Guidance at https://www.ftc.gov/business-guidance/resources/health-products-compliance-guidance page 11.

[2] See Visi at DSSRC Case#8-2022.