Case #134-2023: Compliance Inquiry – B-Epic Worldwide, LLC

In 2022, DSSRC resolved an inquiry regarding certain claims, including health-related product claims, communicated by the Company and its salesforce members. In that inquiry, B-Epic did not attempt to provide support for the health-related claims at issue and conceded that such claims should not have been disseminated by the Company’s salesforce members.¹ Rather, as a demonstration of its commitment to advertising self-regulation, B-Epic removed a number of the health-related product claims (e.g., “Do you suffer from stress and anxiety?”) that were at issue. 

DSSRC recognized B-Epic’s efforts to remove the social media posts that were determined to communicate, among other things, that its products were efficacious in treating COVID-19 and other serious health-related conditions. DSSRC determined that the removal of such health-related product performance claims was necessary and appropriate and noted that it would continue to monitor claims being disseminated by B-Epic and its salesforce members. In addition, the Company provided DSSRC with a commitment that it would continue to review claims made by its salesforce members to ensure their compliance with B-Epic’s policies.

In its Company Statement to the October 2022 case report, B-Epic stated that “B-Epic Worldwide LLC agrees to take DSSRC’s recommendations into consideration. We are grateful that DSSRC recognized our good faith efforts to assure that our salesforce members are conducting themselves compliantly pursuant to our Company Policy & Procedures.”

Since the October 2022 decision, DSSRC identified several new social media posts being disseminated by B-Epic salesforce members communicating that the Company’s products can treat and relieve a plethora of health-related conditions including, but not limited to, anxiety, stress, depression, regulation off blood pressure, blood sugar regulation, Tourette’s Syndrome, and weight loss. As a result, DSSRC commenced this compliance inquiry.

The health-related product performance claims DSSRC identified to the Company in this compliance proceeding are set forth below.

Product Performance Claims

• "It is still a little early for pics but I wanted to share with you what these supplements have done for me. I have Hypothyroidism, Severe Adjustment Disorder with Anxiety and Depression. I am on Levothroxin, Prozac & Xanax. I had a complete nerve breakdown back in July and I wasn’t sure how I would survive. I wasn’t sleeping, or eating, destroying myself, my nails, my skin, my hair. I suffer of brain fog, memory loss, and confusion. I feared and worried for anything and everyone. Needless to say that being in my head was a bit chaotic and overwhelming. I started B-Epic because of the great reviews and quite honestly people need to know this product exists. I know that to some people my experience may not seem like a big deal, but it is for me. I am finally sleeping, my skin, gut health and my nails are and feel so much better.”
• “I can’t begin to thank B-epic for the person I’ve become! Losing weight & feeling better My anxiety and depression are finally being controlled I am on day 25 and I have lost 12 pounds now”
• Hey everyone I have been using these products for almost 2 yrs. I bet you can't guess my age. LOL. I LOVE THE 3 an I use regener8 an I love the blue royal tea. Yes I use the rejuven8 .I'm bepic for life. Also I was border line diabetic no more. I'm notgoing to stop but I got my life back.
• “What is B-Slim tablets B-Epic B-Slim is easy-to-use hydration tablets, created by BEpic in 2020. A tablet is designed to make a full bottle of healthy weight loss water. Create a refreshing weight-loss water in seconds! Just drink 30 minutes before largest meal for you slenderness! Health Benefits B-Slim Tablets health benefits may include: -Promoting weight loss and healthy weight control -Help fight obesity -Help relieve stress and anxiety -Normalize ls -Decrease appetite and food cravings -Improving blood glucose levels in diabetic patients -Increase muscle mass and strength -Improve mood, concentration and sleep depth”
• “CBD is a beneficial nutritional supplement that helps with stress, anxiety, agitation, sleep disturbances, increased anxiety, nausea, and joint and muscle and bone pain. According to the latest medical research, the supplement has good antioxidant and anti-inflammatory properties, and may also be helpful in multiple sclerosis and epilepsy. B-Epic NANO CBD Gummies – healthy Cannabidiol Supplements. B-Epic CBD product contains a therapeutic CBD compound derived from hemp. … The top known reasons for taking CBD are pain relief, anxiety and depression relief.”
• Hi my name is Theresa and I am here to give you a testimony about my son Bj who has special needs. He also has Tourette’s syndrome and epilepsy along with Developmental delays. I started him on this product called strawberry drink Elev8 by Bepic. His epilepsy was pretty bad. He had been on so many different seizure medication’s, some didn’t work some worked a little but not good enough for Dr’s satisfaction. I started giving him the Elev8 drink from Bepic. Within about three weeks of giving him this drink faithfully every single day I started noticing his seizures were less. He has now been taking the product since October 2022 and his seizures are gone during the day….. One last thing that I have noticed since he has been drinking that his drinks is his memory. Bj has excellent long-term memory but poor short-term memory. His short term memory is so much better.”
• “Combat fatigue! . Elev8: Improve energy Boost memory Get focused Be happy Instant result Improve mood Strengthen immune system Reduce stress #Bepic #Improvemood #Nofatigue #Mentalhealth #Physicalhealth #Mood #Boost #Energy #Behappy #Memory”
• Weight Loss
  • Better Sleep
  • Headache Relief
  • Anxiety Gone
  • Stress Relief
  • Focus
  • Immune Bo
• “Boost and Support a Healthy Immune System Make Less Prone to Getting Sick Prevent and Ease Cold and Flu Symptoms Reduce Oxidative Damage with Potent Antioxidants …. helps strengthen and maintain a healthy immune system – making you less prone to getting sick and helping ease symptoms when you do. These important immune system-strengthening nutrients have been shown to improve immune function and resistance to sickness. Boosting the body’s natural immune response helps reduce symptoms of infections and other illnesses, including the flu and common cold.”

Company’s Position

In response to this compliance inquiry, the Company was promptly able to remove five of the nine social media posts identified by DSSRC which DSSRC found to be necessary and appropriate. 

With respect to the remaining four social media posts, the Company demonstrated to DSSRC that it was working with a third-party social media monitoring service to attempt to have the claims removed from circulation. Specifically, the Company had no information as to the individual that disseminated one of the social media posts on Facebook. Nonetheless, the Company contacted Facebook directly to request removal of the post in question. With respect to the three remaining posts, the Company informed DSSRC that such posts were distributed by individuals who are no longer active with the Company. Nonetheless, the Company demonstrated to DSSRC that it contacted those individuals to request removal of the posts by providing DSSRC with copies of its correspondence including its first and final notices of violations with the Company’s compliance guidelines to such salesforce members.

Conclusion

DSSRC concluded that the Company demonstrated that it made a good faith attempt to bring its advertising into Compliance with the recommendations in DSSRC’s October 2022 report. 

However, with respect to the three remaining posts that were distributed by individuals who are no longer active with the Company, DSSRC reiterated its recommendation to the Company from the October 2022 report that, in addition to contacting the individuals responsible for the posts, the Company contact the platform to request removal of the posts.

DSSRC also remained concerned with the ongoing dissemination of health-related product claims by Company salesforce members and will continue to monitor the messages being disseminated by Company salesforce members for compliance.

(Case #134-2023, HJS Closed on 10/24/23)

© 2023 BBB National Programs

[1] DSSRC had previously commenced an inquiry regarding product and income claims disseminated by B-Epic and its salesforce members. That inquiry was administratively closed based upon the Company’s good faith efforts and the commitment it made to DSSRC to refrain from making similar claims in future marketing and advertising and that it would provide monitoring oversight of its salesforce members.