Case #183-2024: Monitoring Inquiry – Reliv International

BBB NATIONAL PROGRAMS

Direct Selling Self-Regulatory Council
Case #183-2024: Monitoring Inquiry – Reliv International, Inc.

Company Description

Reliv International, Inc. (“Reliv” or the “Company”) is a direct-selling company founded in 1988 and based in Chesterfield, Missouri. The Company markets proprietary nutritional supplements.

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 and an investigation of earnings claims disseminated by direct selling companies conducted earlier this year by a consumer advocacy group.¹

This inquiry concerned seven earnings claims and four product performance claims disseminated by Company salesforce members. The representative claims that formed the basis of this inquiry were communicated on Facebook and YouTube. Those claims are set forth below:

A) Earnings Claims

• “. . . Some individuals use Reliv as a source of supplemental income, earning enough money for a goal as simple as making car or mortgage payment, for example. Others operate their Reliv business full-time as their primary source of income.” (Reliv website)
• “. . . I love to travel and my Reliv business has given me the mobility, energy and income opportunities to do so whenever I choose.” – Gwen M (Facebook, January 2023)
• “28 yrs ago you came into our lives as an answer to our prayer for a way to get out from under a mountain of debt and improve our family’s health in so many ways! This photo is a reminder of how we’ve been able to pay it forward to others and make a difference in their life!!” – Joyce Holthaus (Facebook, October 2021)
• “When you work from home, own your business like Reliv, enjoying residual income not just today income. This is the kind of income that keeps coming in whether you work or choose not to work because you built it solid to last. You can choose your office view anywhere, anytime. Thank you Reliv for changing our lives and now we get to change other people’s lives.” – Maria C Lyons (Facebook, September 2021)
• “Three kids finished debt-FREE (and healthy) from private colleges – thanks to Reliv!”– Al Hagopian (Facebook, May 2019)
• “At Reliv, we see the growing trend of people seeking a way to boost their income and gain financial stability. If that sounds like you, then we invite you to explore what Reliv has to offer. . . . Imagine earning money while getting healthy.”  (YouTube, May 2024)
• “Low start-up cost + product discounts, weekly pay, 100% buyback guarantee” and “Retail Profit: 20-40%, Wholesale Profit: 5-20%, Overrides, and Bonuses & Trips based on personal effort and dedication.” (YouTube, 2022)

B) Product Claims

• “Want Energy, Stamina, Endurance, Mental Clarity, No Body Discomforts and More so you can Feel Better Than Good??” (YouTube Shorts)
• “Strengthen Their Immune Systems” “Essential vitamins, minerals and micronutrients give growing bodies what they need to thrive.” (YouTube Shorts)
• “ . . . when you get to be my age joint pain, muscle pain, and things like that appear but because I am on these amazing Reliv products is the reason why I have stamina, energy, and mental clarity and no discomfort. (YouTube 2023)
• “Go all in with the ultimate investment in your healthy aging journey to promote longevity from the inside out. Building on the benefits of Reliv’s Tomorrow System this system also contains ReversAge to further disrupt cellular aging and keep your body functioning at peak performance so you can live your best life your whole life.” (Reliv website)

DSSRC was concerned that the above representative social media posts would imply to a reasonable consumer that the typical Reliv salesforce member could generally expect to earn significant or substantial income, pay off significant debt and/or earn a full-time income from the Company’s business opportunity, and that the Company’s products could effectively improve a number of health conditions.

Company Position

Reliv explained to DSSRC that it took action to remove all but one of the claims at issue and that a majority of the claims were reconciled prior to its receipt of the DSSRC Notice of Inquiry. Reliv noted that the claims at issue were disseminated in social media posts that were several years old.

In total, the Company removed six of the seven social media posts that included the earnings claims identified by DSSRC in the inquiry. With respect to the remaining YouTube video, Reliv informed DSSRC that it is in the process of removing the language identified by DSSRC from the subject video post.

With respect to the four product claims at issue, the Company informed DSSRC that it has directed its salesforce members to remove three of the posts in their entirety. 

Regarding the claim that references ReversAge, Reliv provided DSSRC with proprietary information regarding its patented formula, which included all of the relative dosage amounts of CoQ10 and resveratrol as well as references to studies that examined the efficacy of those ingredients. The Company maintained that these compounds have antioxidant properties that neutralize free radicals and reduce oxidative stress, which can damage cells and contribute to aging.

Analysis

As stated in the Federal Trade Commission’s (FTC) Guide on the Use of Endorsements and Testimonials in Advertising², an advertisement containing an endorsement relating the experience of one or more consumers on a central or key attribute of the product or service will likely be interpreted as representing that the endorser’s experience is representative of what consumers will generally achieve with the advertised product or service in actual, albeit variable, conditions of use.

DSSRC acknowledged the removal and/or modification of all but one of the claims prior to and during the course of the inquiry. DSSRC appreciated the good faith efforts taken by the Company and determined that Reliv’s actions were necessary and appropriate.

A) Earnings Claims

Pursuant to section 9 of the DSSRC Earnings Claim Guidance, for purposes of a DSSRC inquiry, when evaluating express and implied messages communicated by an earnings claim, DSSRC will review the totality of the claim including its words, images, and context (e.g., hashtags, emojis, etc.), which may include other social media posts from the company or salesforce member disseminating the claims, to determine the “net impression” or takeaway messages conveyed to the audience. The relevant audience to consider is that of a reasonable consumer when the claim is made to a general audience, such as by posting the claim on public social media or the internet.

DSSRC also notes in its Earnings Claim Guidance that some words and phrases are prohibited when made to a general audience of prospective or current salesforce members. Such words and phrases include statements such as “quit your job,” “be set for life,” “make more money than you ever have imagined or thought possible,” “unlimited income,” “full-time income,” “replacement income,” “career-level income,” or any substantially similar statements or representations. 

Moreover, according to the FTC’s revised Business Guidance Concerning Multi-Level Marketing, statements pertaining to the opportunity to earn large amounts of money or career-level income likely will be interpreted as representing that this is representative of what others should expect to receive. Given the reality of MLM participant experiences, such representations are atypical and not representative of what most direct selling participants will achieve.³ It was further noted by the FTC that “presenting atypical earnings to consumers considering an income opportunity is likely to generate a deceptive impression.” 

Accordingly, DSSRC determined that the reference to a Reliv salesforce member working “full-time” for their “primary source of income” would not align with the earnings of the typical salesforce member participating in the business opportunity and similarly concluded that the Company’s discontinuance of representations pertaining to financial stability and “earning $500 a month” was warranted.

B) Product Performance Claims

DSSRC determined that a reasonable consumer would interpret the claims at issue as meaning that the Reliv products effectively improve specific conditions (i.e., energy, stamina, mental clarity) while eliminating others (muscle pain, joint pain). Any claims direct selling companies or their participants disseminate about their products must be truthful, not misleading, and substantiated at the time the claim was made. 

DSSRC noted that in addition to conveying product claims clearly and accurately, marketers need to ensure that there is adequate support for their claims. Under FTC law, advertisers must have a reasonable basis for their product claims before disseminating an ad. What constitutes a reasonable basis depends greatly on what claims are made, how they are presented in the context of the entire ad, and how they are qualified.⁴

Although Reliv maintained that it could support the claims at issue, which reference the beneficial results of its product, in the spirit of voluntary self-regulation the Company proactively facilitated the removal of three of the four social media posts brought to its attention that included product performance claims.

Lastly, DSSRC evaluated the Company’s support for the remaining claim that “…this system also contains ReversAge to further disrupt cellular aging and keep your body functioning at peak performance so you can live your best life your whole life.” This claim appears on the Company website and refers to Reliv’s “Tomorrow System,” a bundle of several Reliv products that are promoted to optimize the aging process. 

DSSRC concluded that the statement of supporting longevity “from the inside out” would be reasonably understood by consumers as meaning that the supplement system works by addressing key mechanisms of aging such as inflammation, oxidative stress, and cellular repair. 

Reliv’s ReverseAge contains antioxidants CoQ10 and resveratrol, two compounds with antioxidant properties that have been shown to neutralize free radicals and reduce oxidative stress, which can damage cells and contribute to aging. According to the research referenced by Reliv, Resveratrol has demonstrated the ability to neutralize free radicals and reduce oxidative stress, primarily through its antioxidant properties. More specifically, Resveratrol (i.e., in the dosage level contained in ReversAge) can directly neutralize reactive oxygen species (ROS), such as superoxide anions and hydroxyl radicals. Its chemical structure, specifically the hydroxyl groups, stabilizes the molecules thus preventing cellular damage.⁵ Moreover, it has been shown that Resveratrol activates cellular pathways that enhance the body's natural antioxidant defenses through the stimulation of nuclear factor erythroid 2-related factor 2 (Nrf2), a protein that regulates the expression of antioxidant enzymes like glutathione peroxidase and superoxide dismutase.⁶ These enzymes neutralize free radicals and reduce oxidative damage to cells. Moreover, by activating sirtuin-1 (SIRT1), resveratrol enhances mitochondrial function and indirectly reduces oxidative stress by improving energy metabolism and reducing the production of ROS during cellular respiration.⁷

Resveratrol has also been shown to inhibit the activity of pro-inflammatory enzymes like cyclooxygenase (COX), reducing the production of inflammatory cytokines and lipid peroxidation, a damaging process where free radicals attack cell membrane.⁸ DSSRC concluded that by reducing inflammation, which often exacerbates oxidative stress, resveratrol indirectly supports cellular health.

Similarly, it has been shown in clinical studies that CoQ10 acts as a potent antioxidant and is crucial for mitochondrial energy production. It helps protect cells from oxidative damage and supports heart health. According to research cited by the Company, the dosage level of CoQ10 in ReversAge can effectively reduce oxidative stress markers, particularly in individuals with higher oxidative burdens due to aging or chronic diseases.⁹ It has also been shown that CoQ10 plays a critical role in mitigating oxidative stress associated with chronic conditions like cardiovascular disease, diabetes, and neurodegenerative disorders. Its antioxidative properties help stabilize cell membranes and improve mitochondrial function, particularly in tissues with high metabolic demand.¹⁰

Accordingly, DSSRC determined that the Company adequately supported its claim by demonstrating that the proprietary formula contained in the Reliv Tomorrow System disrupts the cellular aging by enhancing internal processes that maintain cellular health and improving overall well-being.

Conclusion

Reliv removed six of the seven social media posts that included the earnings claims identified by DSSRC in the inquiry. With respect to the remaining YouTube video, Reliv informed DSSRC that it is in the process of removing the language identified by DSSRC from the subject video post.

The Company also proceeded to remove three of the four product performance claims brought to its attention by DSSRC. DSSRC further concluded that Reliv adequately supported the remaining product performance claim stating “…this system also contains ReversAge to further disrupt cellular aging and keep your body functioning at peak performance so you can live your best life your whole life.” 

Company Statement

“Reliv is an active supporter of industry self-regulation. We appreciated the opportunity to respond to DSSRC’s inquiry and provide information about our comprehensive compliance program.”