Case #188-2024: Monitoring Inquiry – Valentus Global Enterprises
BBB NATIONAL PROGRAMS
Direct Selling Self-Regulatory Council
Case #188-2024: Monitoring Inquiry - Valentus Global Enterprises
Company Description
Valentus Global Enterprises (“Valentus” or the "Company") is a direct selling company that sells nutritional and lifestyle products. The Company is based in Orlando, Florida.
Basis of Inquiry
The Direct Selling Self-Regulatory Council (“DSSRC”) is a national advertising self-regulation program administered by BBB National Programs. This matter was commenced by DSSRC pursuant to DSSRC’s ongoing independent monitoring of advertising and marketing claims in the direct selling industry.
This inquiry concerned six product claims and eight earnings claims disseminated on social media and on the Company’s website. DSSRC was concerned that the product claims conveyed messages that use of the Company’s product could address a number of health-related conditions (e.g. psoriasis, eczema, migraine, and joint pain). DSSRC was also concerned that the earnings claims conveyed messages suggesting that potential independent contractors could achieve significant income (e.g., “$700 per month”), “financial freedom,” a “full-time income stream,” or a car bonus through participation in the Company's business opportunity.
The representative claims identified by DSSRC in this inquiry were as follows:
Product Claims:
- Before and after images of psoriasis lesions with copy stating “Results from Emulin M using 2 x tablets a day for 3 weeks. One of my friends had been suffering really bad with psoriasis and the last 8 months, nothing's worked. He was on 18 tablets a day to clear it and still didnt budge. This is the results after THREE weeks with our products. I am MINDBLOWN!!! The difference after the hell he has been through and the loss of confidence he has had because of it!!!” (December 2020 Facebook post)
- Before and after images of eczema with copy stating “This is MY middle boy William. He is strawberry blonde and very light skin and suffers with Ecezma terribly. 😫 8 days of having just half a capsule of 𝙀𝙈𝙐𝙇𝙄𝙉 in his milk a day and the results make me soooooo happy. 🥰 There’s been no more scratching, and bleeding and him saying his legs hurt. We have been spraying a bit of max spray on too but the results I believe are primarily from the 𝙀𝙈𝙐𝙇𝙄𝙉 🤩🤩” (April 2020 Facebook post)
- “Powerful antioxidant, Increase mood, Increase energry, Reduce stress, Reduce anxiety, Increase metabolism, Supress appetite, & BURN FATS.” (June 2021 Instagram post)
- Before and after images of skin with copy stating “If you have this health challenge all of this 💥Migraine 💥Overweighted 💥acne 💥Pain Knee 💥Haemorrhoids(ริดสีดวงทวาร) Let’s see how is the Valentus Coffee ☕️ ✅Improve her healthier in many way ✅Better Mood ✅Loss 25 lbs with in 6 months ✅Better facial skin ✅Better blood circulation ✅Less Knee pain ✅No more Haemorrhoids ✅No more Migraine” (April 2020 Facebook post)
- “🌎the #Valentus world’s first food supplement which uses ONLY healthy ingredients and only made out of vitamins. 🔬strict scientific tests has been done on them 🧪 which only means that doctors also recommend them primarily to people who are battling with obesity! 👨⚕️it has been proven that not only healthy people can take them❗️ 🧐the following due to our supplements have been helped with for our buyers
- have improved results 🔬
- have helped with losing weight
- have helped with easier and more energised work outs
- helped with dealing with stress
- the constant migraine headaches have stopped 💆 there were even some costumers who have said it has helped with they moods and they became more energetic since they been taking our supplements ❣️🙆🤸” (July 2022 Facebook post)
- "Made in the US 🇺🇸 and FDA approved 🇺🇸🇨🇦🇵🇭 Exclusive functional coffee formulated to: ✅ BURN FATS ✅ Control Cravings ✅ Increase Energy ✅ Increase Metabolism ✅ Regulates Cholesterol, Blood Sugar, Blood Pressure ✅ Elevate Mood and Focus ✅ Increase Mental Alertness ✅ Support your body's cardiovascular system ✅ Provide powerful antioxidants ✅ No LBM ✅ No palpitations” (October 2021 Facebook post)
Earnings Claims:
- “Steady income; Car bonus; First month earnings up to $700 or more” (Facebook post)
- “Valentus Global provides the tools and support needed to create residual income streams. Start building your financial legacy with us! 🚀💼 #ValentusSuccess #ResidualIncomeSupport” (Facebook post)
- “Financial Independence: …Whether you’re looking for a part-time side hustle or a full-time income stream, we’ve got you covered” (Facebook post)
- “Dreaming of financial independence? Valentus Global offers a path to independence through our lucrative business model and unparalleled support system. Take the first step towards your dreams today!” (Facebook post)
- “Have You Ever Considered Using Your Social Media To Generate An Income Online❓ Are You Interested In Working From Home❓ If The Answer Is Yes, Then I Have The Perfect Opportunity That Could Literally Change Your Life 😮🤩 ✔ Emphasis on health & wellness ✔ No previous experience needed ✔ Not just sales based ✔ Help others regain health while you regain your financial freedom” (Facebook post)
- [04:48] You’ve heard all about our incredible products. So how would you like more time and more money to enjoy them [05:20] financial freedom (YouTube video)
- Lavish lifestyle testimonial – Depiction of huge house and several motorcycles, boats (“I travel around the world. I have 3 homes”) [04:30] mark – today I make about $4,000 a day – I say that to impress upon you what is possible”) [04:40] I don’t have to worry about paying bills (YouTube Video)
- “Our internationally recognized compensation plan is perfectly balanced to propel you forward and help you achieve sustainable financial growth. Say goodbye to limitations and embrace a life of abundance.” (Company Website)
Company Position
The Company did not attempt to substantiate the product or earnings claims at issue in this inquiry but promptly responded to DSSRC’s Notice of Inquiry. Valentus explained that it recently came under new ownership, is very committed to compliance, and recently hired a new individual to oversee its compliance program. The Company further noted that it polices its salesforce and takes disciplinary actions as to noncompliant claims that range from contacting the salesforce member responsible for the claim to request that it be removed to suspension, and termination when appropriate.
As to the 14 claims that were disseminated on social media by current or inactive salesforce members, the Company provided DSSRC with updates as to its attempts to have such claims removed.
With respect to the six product claims identified by DSSRC in this inquiry, the Company was successful in having three of the claims removed. As to the three remaining product claims, the Company informed DSSRC that one such claim was made by an individual that did not have an account with the Company. The two other product claims were made by individuals whose accounts with Valentus had been inactive for longer than one year and, as to those individuals, the Company contacted them in writing to request they remove the posts in question. In addition, the Company posted directly on certain of the social media posts that “***Your post is not compliant with Valentus Global Policies and Procedures. We request that you remove your post and contact Compliance@valentusglobal.com for questions or assistance. Thank you.***”
With respect to the eight earnings claims identified in this inquiry, the Company was successful in having four of them removed from social media. As to the remaining four claims, one such claim was made by an individual for whom the Company could not locate an account and two appeared in a YouTube video made by an individual whose last order from the Company was in January 2023, and who is now pursuing a business opportunity with a different direct selling company. The Company demonstrated to DSSRC that it attempted to contact this individual in writing on two occasions to request that the video be removed.
The one remaining earnings claim (“Our internationally recognized compensation plan is perfectly balanced to propel you forward and help you achieve sustainable financial growth. Say goodbye to limitations and embrace a life of abundance.”) appeared on the Company’s website, which the Company agreed to modify to address DSSRC’s concerns.
Analysis
DSSRC acknowledged the actions taken by the Company to effectuate the discontinuance of three of the six product claims and four of the eight earnings claims that appeared on social media. In the absence of any effort by the Company to substantiate those claims, DSSRC determined the Company’s actions to be necessary and appropriate.
With respect to the three remaining product claims and three remaining earnings claims that appeared on social media and were disseminated by either individuals who could not be located or who are inactive former salesforce members, DSSRC acknowledged the Company’s efforts to contact the former salesforce members responsible for the posts and requests that they remove such posts.
As to these social media posts, however, DSSRC recommends that the Company take additional steps to have them removed from social media. While DSSRC recognizes that removing social media posts that were communicated by inactive salesforce members can be a challenging endeavor for direct selling companies, in previous self-regulatory inquiries DSSRC has recommended that the Company take additional steps to remove such claims from the marketplace including utilizing any mechanism that social media platforms may have for removal of trademark or copyright violations and/or contacting the website or platform in writing to request removal of the subject claim or post. Accordingly, DSSRC recommends that Valentus contact the platform on which the claims were disseminated in writing to request that they be removed. DSSRC also requests that the Company provide DSSRC with copies of such written correspondence.
DSSRC notes that companies in past DSSRC inquiries have also posted a comment on the applicable social media platform indicating that the subject post is not authorized by the company and that it has requested that the individual responsible for the post have it removed. DSSRC acknowledged and appreciated the Company’s efforts to post comments on social media that “***Your post is not compliant with Valentus Global Policies and Procedures. We request that you remove your post and contact Compliance@valentusglobal.com for questions or assistance. Thank you.***”
Finally, as to the earnings claim that appeared on the Company’s website, DSSRC appreciated the Company’s commitment to revise its website to address DSSRC’s concern regarding the claim “Our internationally recognized compensation plan is perfectly balanced to propel you forward and help you achieve sustainable financial growth. Say goodbye to limitations and embrace a life of abundance.”
Conclusion
Valentus facilitated the removal of three of the six product claims and four of the eight earnings claims that appeared on social media. DSSRC determined that such actions were necessary and appropriate.
As to the three product and three earnings claim at issue in this inquiry that remain available on social media, DSSRC recommends that Company contact the platform on which the claims were disseminated in writing to request that they be removed. DSSRC also requests that Valentus provide DSSRC with copies of such written correspondence. DSSRC also noted that companies in past DSSRC inquiries have also posted a comment on the applicable social media platform indicating that the subject post is not authorized by the company and that it has requested that the individual responsible for the post have it removed. DSSRC acknowledged and appreciated the Company’s efforts to post similar comments with respect to the posts at issue in this inquiry.
As to the earnings claim that appeared on the Company’s website, DSSRC appreciated the Company’s commitment to revise its website to address DSSRC’s concerns and will monitor the Company’s website for compliance with the Company’s commitment to remove the claim “Our internationally recognized compensation plan is perfectly balanced to propel you forward and help you achieve sustainable financial growth. Say goodbye to limitations and embrace a life of abundance.”
Company Statement
“Valentus Global Enterprises has taken the required steps to address concerns presented by the DSSRC regarding our Affiliates and their unauthorized posts. Those actions include contacting those responsible for the offending posts as well as the platforms where they have been made and asking them to be removed. To date, the majority of these posts have been removed and we are continuing our efforts to complete the process. Valentus Global Enterprises has also implemented an SOP process to review any marketing materials pertaining to product or income material prior to publication. See below for a copy of the SOP. The owners and executive staff take the regulatory guidance seriously and are committed to remaining compliant. We will also thoroughly review our new website content prior to pushing the new site live. We thank the DSSRC for its patience and guidance as well as the opportunity to learn and revise and remove non-compliant posts. We also want to formally commit to reviewing all copy of our new website. It is also important to note that some of the infractions were under the original Valentus Inc company and not under Valentus Global Enterprises.”
(Case No. 188, closed on 12/18/24)