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There is no scientific case for homeopathy: the debate is over

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Pharmacists who sell homeopathic remedies as anything other than placebos are putting their customers’ health at risk 

Edward Ernst
Drawers containing homeopathic remedies
 'Undeterred by the evidence, the public continue their long and intense love affair with homeopathy. Few wonder whether it is the homeopathic remedy or something else, eg the placebo-effect, that did the trick.' Photograph: Peter Macdiarmid/Getty Images

Homeopathy has been with me all my life. As a boy, I was treated by homeopaths; my first post as a junior doctor was in a homeopathic hospital, later I researched homeopathy and published more than 100 papers on the subject, and finally I summarised the entire experience in a memoir entitled A Scientist in Wonderland.
In 1993, when I became professor of complementary medicine at Exeter, I was more than happy to give homeopathy the benefit of the doubt. I would have loved to show that it is effective beyond placebo, not least because anyone doing that would almost automatically deserve a Nobel prize. He or she would have to show that a sizeable chunk of our understanding of the laws of nature is quite simply wrong. Homeopathy is based on the belief that “like cures like” and that the dilution of a medicine – homeopaths call the process “potentiation” – renders it not weaker but stronger. As both of these assumptions fly in the face of science, critical thinkers have always insisted that few things could be more implausible than homeopathy.
But plausibility is not everything. In Exeter, we conducted trials, surveys and reviews of homeopathy in the faint hope that we might discover something important. What we did find was sobering:
 Our trials failed to show that homeopathy is more than a placebo.
 Our reviews demonstrated that the most reliable of the 230 or so trials of homeopathy ever published are also not positive.
 Studies with animals confirmed the results obtained on humans.
 Surveys and case reports suggested that homeopathy can be dangerous.
 The claims made by homeopaths to cure conditions like cancer, asthma or even Ebola were bogus.  The promotion of homeopathy is not ethical.










Now, the internationally highly respected Australian National Health and Medical Research Council have conducted what certainly is the most thorough and independent evaluation of homeopathy in its 200-year-long history. Already their preliminary report had confirmed that homeopathy is nothing other than treatment with placebos. Predictably, this caused a storm of opposition from enthusiasts of homeopathy, and they were invited to submit their evidence to the contrary. The Australians then considered this evidence carefully and have now published their final report. It arrived at the same conclusion as the previous document. If anything, it went one step further by pointing out that “people who choose homeopathy may put their health at risk if they reject or delay treatments for which there is good evidence for safety and effectiveness”. Personally, I would go another step further and remind pharmacists who sell homeopathic remedies to the unsuspecting public that it is unethical to pretend they are more than placebos.
Undeterred by the evidence, the public continue their long and intense love affair with homeopathy. Worldwide, consumers use it in their millions and are convinced that it helps them. Few wonder whether it is the homeopathic remedy or something else, eg the placebo-effect, that did the trick. Homeopaths continue to claim that their approach is based on sound evidence; they even cite studies and reviews that seem to prove their point. Few of us wonder whether their evidence is cherry-picked and thus unreliable. In other words, the discussion about the value or otherwise of homeopathy has been never-ending, often intense and incredibly unproductive.In 2010, a House of Commons select committee assessed the evidence for and against homeopathy. It concluded that homeopathy was not more effective than a placebo and that the NHS should cease funding it. Subsequently, the government considered their report and essentially agreed with the verdict but nevertheless felt that, if patients want homeopathy, they must have it on the NHS. Such blatant disregard for the principles of evidence-based medicine infuriates scientists, perpetuates a needless debate and wastes sizable amounts of taxpayers’ money.
But, after 200 years of fruitless discussion, we finally have, in the Australian evaluation, a comprehensive, transparent and evidence-based review from a panel of experts who are competent and free of conflicts of interest as well as a government that is determined to abide by the advice thus generated. Let’s hope that others will now follow suit.
http://www.theguardian.com/commentisfree/2015/mar/12/no-scientific-case-homeopathy-remedies-pharmacists-placebos

RBI warns against 'balance checking' app

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Crooks always come up with new tricks to con the gullible. Earlier, they asked the debit card holders to reveal the pin and cleaned their accounts. This time they are out to clean the accounts once again with a new application.

Cautioning public against a fraudulent bank account mobile app in its name, the 

Reserve Bank has said that it has not developed any such application. The RBI on 

Saturday warned the general public against using the application allowing a 

person to check balances in various bank accounts.

In a statement, the Central Bank said that it has come to its notice that a software 

application is doing rounds on WhatsApp purportedly to facilitate checking of 

balance in customers' bank accounts.

The software application has the RBI logo on it with the title 'All Bank Balance 

Enquiry No' and has listed several banks with either mobile number or call centre 

number.

"The Reserve Bank wishes to clarify that it has not developed any such 

application. Members of public are, therefore, advised to use the application, if at 

all, at their own risk," RBI said.

My dear fellow Indians! Do not fall for the dubious tricks of the conmen. Do not 

reveal any information regarding your bank account details to anyone.

Amway's Nutrilite in trouble

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United States-based direct selling company Amway is in trouble as a lower court in Uttar 
Pradesh has pronounced that the company has been making false and misleading health 
claims for its vitamin supplement Nutrilite Daily and violating India's food law. 
United States-based direct selling company Amway is in trouble as a lower court in Uttar 
Pradesh has pronounced that the company has been making false and misleading health 
claims for its vitamin supplement Nutrilite Daily and violating India's food law.
Besides, the ruling could cast a shadow on the multinational company's flagship brand 
Nutrilite, under which it sells a range of products including vitamin supplements and 
protein powder.
After hearing a complaint filed by the food regulator, Food Safety and Standards 
Authority of India or FSSAI, the court said in a recent order that Amway has been
claiming that its product has exclusive natural extracts such as 'phytofactors plant 
compounds from Nutrilite's exclusive plant concentrates', without citing any scientific 
evidence to back it.
The court also slapped a penalty of Rs 10 lakh on the company. Amway said that it has 
already challenged the order in Food Safety Appellate Tribunal at Meerut and got a stay 
order.
The Greater Noida court also found Amway's claim - that its special coating called 
'Nutrilite exclusive nutria lock' makes it easier to swallow tablets - misleading and
without proof, and said that it fails to understand how the company's coating is 
exclusive and different from those used by several other drug making companies for the 
same purpose.
The judge also took note of the fact that FSSAI's product approval division has rejected 
applications for several other products under Nutrilite series such as Iron-Folic, 
Natural 'B' and Bio C, among others. The food regulator argued before the court that it 
has become a trend for many drug-making companies to project their medicinal products as 'food' to escape the tighter regulations under Drug and Cosmetics Act, and expensive and time consuming clinical trials mandated under it.
Leading brand consultants said the adverse impact of one subbrand has a negative rub-off  on other sub-brands under the umbrella brand. "An adverse event like this absolutely has the potential to make a dent in the brand image of the entire Nutrilite range of 
products, albeit not to the extent of damage faced by the brand of the product in 
question, Nutrilite Daily in this case," said Harish Bijoor, CEO of Harish Bijoor Consults Inc.
Amway said it doesn't think that the ruling will hit the brand image of Nutrilite in 
India.
"We have moved Food Safety Appellate Tribunal at Meerut challenging this order which 
questioned claims made through product merchandising literature of Nutrilite Daily. The 
Tribunal vide an order dated May 07, 2015 has stayed the order passed by ADM, Gautam Budh Nagar, Greater Noida. We are hopeful of getting a positive order in our appeal as we have adequate substantiation for all the claims made in the product merchandising literature of Nutrilite Daily," said an Amway spokesperson.
Claiming that Nutrilite is the world's No. 1 selling vitamins and dietary supplements 
brand, he added that all Nutrilite products globally comply with World Health 
Organisation and International guidelines like CODEX for vitamin and mineral content.
"The Nutrilite range has been manufactured and sold in India, after getting requisite 
licences under the food law, for more than a decade. Nutrilite Daily was launched in 
India in 2002 and we have lakhs of satisfied customers here," he said.
According to media reports published in March, of the over Rs 2,000 crore annual revenue that Amway clocks in India, the Nutrilite range of products accounts for 55%, beauty products portfolio contribute another 30% while the balance comes from the company's home care range.

Corporate Frauds Watch seeks action against Amway products too.

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On the lines of action against Nestle product Maggi, Corporate Frauds Watch sought action against the misbranded and adulterated products of Amway India in the country. Amway has already been facing criminal charges in more than one State in India. Corporate Frauds Watch in a plea to the director of Institute of Preventive Medicine, Public Health Labs and Food (Health) Administration, Hyderabad sought against Amway.

To                                                                                        Date: 5/6/2015
The Director,
Institute of Preventive Medicine,
Public Health Labs & Food (Health) Admin,
Narayanaguda, Hyderabad-500029.

Respected Sir,

Sub:  Representation to initiate action against the misleading and misbranded products of M/s Amway India Pvt. Ltd, Somajiguda, Hyderabad in terms of FSSA, 2006– Regarding.

****

1.       I, M.V. Shyam Sundar, Secretary of Corporate Frauds watch Society, Hyderabad branch, humbly submit that the Corporate Frauds Watch Society is a registered civil society organisation striving to create awareness among general public against the frauds being committed in the corporate veil. 
2.       It came to our notice that M/s. Amway India Private Ltd, Somajiguda, Hyderabad has been selling products by issuing misleading advertisements. Apart from it, several criminal cases have been pending against the products of the M/s Amway India. Still Amway has been selling the same products with impunity which is detrimental to the health of general public.  Previously, also several products of the Amway were found to be misbranded, not food and adulterated in the united state of A.P.  The Food Safety authorities of several State Governments in India have also found during their tests that the products are not safe and initiated action against the M/s Amway India Enterprises.  Several people also brought to our notice that their health was affected after using the products of Amway.  But, no action has been initiated in Telangana and Andhra Pradesh against Amway though it is aggressively selling products in the two states.
3.       In the interest of health of general public, it is prayed that the esteemed officer may be pleased to launch enquiry by testing the products of Amway regarding its genuineness in terms of the Food Safety and Standards Act, 2006 and initiate action and save the health lakhs of innocent people.

Yours faithfully,


(M.V. Syam Sundar)

Raid on Amway outlet for selling banned baby food

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HYDERABAD: In the wake of the controversy over Maggi noodles and cries for action against 
other such ready-to-eat food items, the State Commission for Protection of Child Rights 
(SCPCR) conducted a raid on the Amway outlet in Somajiguda here on June 15, 2015 for allegedly  selling baby food and drinks banned by the erstwhile united Andhra Pradesh government. 
On June 5, the SCPCR received a complaint from Shyam Sundar, secretary of Corporate 
Frauds Watch Society, against Amway, for allegedly selling products by issuing misleading 
advertisements. Almost 18 products banned by the food and safety department authorities 
were on display at the outlet, alleged SCPCR. 
Officials of the SCPCR said that the Supreme Court on December 2010 had cracked down on the company on misbranding charges and selling of unhealthy products. The SCPCR alleged that Amway continued to sell products not good for children flouting the apex court orders. Products such as protein powder, chewable multi-vitamin/mineral tablets, dietary supplements, kids' toothpaste, etc, hazardous to health, were being sold by Amway, the SCPCR officials said. 
"Several products banned by the SC are on display. As per SC orders, neither are these 
allowed to be sold nor put on display in their showroom or godown," said Achyutha Rao, 
member of SCPCR.
Rao confirmed that legal action would be taken against the company for flouting the SC 
order. A notice has also been sent to the principal secretary of health Suresh Chanda, he 
said. 
"We have received several complaints based on which we are planning to conduct raids on several upmarket food joints and outlets that are involved in such illegal activities. 
This is just the beginning," said Rao. 
Meanwhile, Amway denies the allegations put forth by the SCPCR. 
"Cases referred by the members of SCPCR were filed way back in 2007 in undivided AP and are currently sub-judice in the respective forums. We had no prior notice or intimation 
about this visit. We are not selling any product for which approval has been denied by 
FSSAI," said an Amway spokesperson. 
This is not the first time that Amway has been in the news for wrong reasons. Last year, 
the Hyderabad police had arrested Amway India's CEO, S Pinckney, following a consumer complaint against the direct-selling firm. In June 2006, Hyderabad police had shut down all offices of Amway citing illegal business model of the multi-level marketing firm.

http://timesofindia.indiatimes.com/city/hyderabad/Raid-on-Amway-outlet-for-selling-
banned-baby-food/articleshow/47682847.cms

Bombay High Court allows FSSAI to recall Amway products

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Nagpur: After Maggi, it's now the turn of network marketing major Amway Enterprises to 
withdraw its products from the market. The Nagpur bench of Bombay High Court on Wednesday 
directed Food Safety and Standard Authority of India (FSSAI) to go ahead with its action 
of recalling seven Amway products.
A division bench comprising justice Bhushan Gavai and justice Indira Jain tersely asked 
FSSAI what was preventing them from taking action when products were found unfit for 
consumption in their scientific studies. The court then adjourned hearing of PIL filed by 
social workers Sachin Khobragade and Jammu Anand through their counsel Nihal Singh Rathod 
by eight weeks.
Earlier, FSSAI filed an affidavit through senior counsel Mehmood Parasher and Rohan 
Malviya that as many as 37 products of the chain marketing major were put under the 
scanner. Of these, seven were found to contain more than permissible quantity of minerals 
and vitamins as per studies conducted by Indian Council of Medical Research (ICMR) and 
National Institute for Nutrition (NIN). All these products were found without mandatory 
licenses and no-objection certificates (NOC) or product approvals from the food 
authority.
Out of 37 products were under the scanner, seven including Nutrilite Natural B tablets, 
Calcium Magnesium D, Nutrilite Iron Folic tablets, Nutrilite Bio C, Positrim Vanilla, and 
Nutrilite Kids Drink in mixed fruit flavour had been rejected by the food authority. NOC 
of Nutrilite Salmon Omega 3, Nutrilite CH Balance and Nutrilite Fiber had expired, still 
they were being sold.
The main reason for rejection of NOC was that ingredients such as protein and minerals 
exceeded beyond permissible limit in the products. Some products contained protein powder 
that had been denied NOC, approval or license by FSSAI, whose product approval committee 
had rejected all such products. However, even after warnings, the company failed to
withdraw them from the market. The petitioners alleged that despite being directed by 
FSSAI to recall them, the company is still selling them openly in the market.
Citing provisions of Food Safety and Standards Act 2006, the petitioners prayed for 
directives to FSSAI to recall all Amway products which are being sold without valid 
license/approval/NOC, and investigations from an independent body into entire episode. 
They also demanded conducting audit of FSSAI.

AMWAY PRODUCTS WITH EXPIRED NOC
Nutrilite Salmon Omega 3
Nutrilite CH Balance
Nutrilite Fiber
PRODUCTS UNFIT FOR HUMANS
Nutrilite Natural B tablets - Excess vitamins
Nutrilite Calcium Magnesium-D - Excess minerals, vitamins
Nutrilite Iron Folic tablets - Excess minerals, vitamins
Nutrilite Bio C - Excess vitamins
Positrim Vanilla - Excess vitamins
Nutrilite Kids Drink in mixed fruit flavour - Can't be given without doctor's 
recommendation

http://timesofindia.indiatimes.com/city/nagpur/HC-allows-FSSAI-to-recall-Amway-
products/articleshow/47806874.cms
(With inputs from Ritika Singh)

5 Reasons Herbalife’s Survey Won’t Save It from Prosecution

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Bonnie Patten (TruthInAdvertising.org) 
Deconstructing Herbalife's defense that a survey found most people join for discounts
 
In the recent Bostick v. Herbalife class-action case, which settled in California federal court in May, Herbalife’s primary defense as to why it isn’t a pyramid scheme was a static 2013 survey estimating that approximately 73% of its members joined the company to receive a wholesale price on products. In other words, Herbalife, a Los Angeles-based multi-level marketing company that is also under investigation by federal officials, believes it can shield itself from prosecution by claiming that a majority of people join only to receive lower prices on its dietary supplements and weight-loss products, not to earn money. The Bostick court opined that “this evidence seriously undermines Plaintiffs’ endless chain scheme claim, as it suggests most members did not join ‘for the chance to receive compensation’ for recruiting new members.” But here are five reasons why this defense simply won’t work. 
 
1.Follow the money. Determining whether an MLM is a pyramid scheme or not by analyzing people’s motivation for joining an organization is of little to no value. As Koscot, a cosmetics MLM that the FTC deemed an illegal “entrepreneurial chain” in one of its first pyramid scheme actions, and its progeny have made clear, the real issue is what the company motivates its distributors to do – that is, whether the company focuses on paying distributors for recruitment rather than retail sales. And this is not an analysis that can be isolated to one particular moment in time. Quite to the contrary, in determining whether or not an organization is operating a pyramid scheme, the data must be reviewed over time to see if there is a common pattern and practice of ongoing reward for recruitment with little evidence of sustained consumer demand. See Omnitrition, 79 F.3d at 782 (citing Koscot, 86 F.T.C. at 1181) (“The promise of lucrative rewards for recruiting others tends to induce participants to focus on the recruitment side of the business at the expense of their retail marketing efforts, making it unlikely that meaningful opportunities for retail sales will occur.”)
2.Totally irrelevant. Assuming Herbalife’s survey is accurate (which is a big assumption), it simply means that its business can be divided into two primary segments: its retail discount programme and its distributor programme. That 73% joined Herbalife at one moment in time for a retail discount doesn’t mean that the 27% engaged in direct sales for Herbalife are not involved in a pyramid scheme. And as Bostick made clear, those involved in the distributor programme purchased a disproportionately larger amount of products than did the discount buyers. See FTC v. Burnlounge, Inc., 753 F.3d 878, at 881 (“The evidence at trial showed that BurnLounge’s business had two primary aspects – its Retailer programme and its Mogul programme. . . The Mogul programme was the only aspect of BurnLounge that the district court found to be a pyramid; accordingly, this opinion focuses on the Mogul programme.”)
3.Prosecutors don’t care. There are two prongs to determining whether a company is operating a pyramid scheme: (1) the right to sell a product, and (2) the right to receive rewards, which are unrelated to sale of the product to the ultimate user, in return for recruiting other participants into the programme. The primary reason why someone says they joined Herbalife is of little consequence in determining whether Herbalife’s focus is on recruitment with rewards rather than sales of merchandise. Which is to say that why someone joins a business doesn’t obviate the fact that the business may still be a fraud. (See Webster v. Omnitrition International, Inc., 79 F.3d 776, 782 (9th 1996) in which the court found that MLM Omnitrition was a pyramid scheme because “[t]he mere structure of the scheme suggests that Omnitrition’s focus was in promoting the programme rather than selling the product.”)
4.Identity crisis. While Herbalife is a multi-level marketing company, for purposes of its pyramid scheme defense it relies on static survey evidence that 73% of its members actually consider it more of a buyers’ club (a la Costco). The argument goes like this: internal consumption by the majority of Herbalife members amounts to sales to the ultimate users so any rewards paid on these sales are related to the sales of products to ultimate users and have nothing to do with recruitment or illegal schemes or the like. But here’s the problem with this argument, there has been and always will be internal consumption in MLMs – it is a constant that can be wholly eliminated from determining if a company is a pyramid scheme because it does not (and never will) answer the question of how an MLM’s bonus structure operates in practice. Moreover, such static survey information fails to capture the true life cycle of these discount customers, who generally quickly become inactive and no longer make any purchases. (See FTC v. Burnlounge, Inc., 753 F.3d 878 at 887, which found that “[i]n practice, the rewards BurnLounge paid for package sales were not tied to the consumer demand for the merchandise in the packages; they were paid to Moguls for recruiting new participants. . . . Rewards for recruiting were ‘unrelated’ to sales to ultimate users because BurnLounge incentivised recruiting participants, not product sales.”)
5.Devil’s in the detail. The January 2013 distributor research survey that Herbalife holds up as its golden goose to defend itself against pyramid scheme allegations is largely a mystery as Herbalife keeps the document behind its corporate veil. And while it may not be worth the paper that it is written on, in the end it really doesn’t matter because it cannot prove that Herbalife is or is not a pyramid scheme.
 

Amway subsidiary under fire over 'misleading' recruitment

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A direct sales company has been accused of misleading young adults as it aggressively 
attempts to recruit new sellers.
A subsidiary of Amway, which has thousands of sellers across Australia selling health, 
beauty and home goods, hosted a series of information sessions in Melbourne recently, 
telling young people that they would be given free mentorship but failing to mention it 
was for Amway.
One of those young people who was invited to a recent recruitment meeting in Doncaster, 
Liam, told Fairfax Media that the "very secretive" session was misleading and he felt let 
down by those involved.
"It was never mentioned that Amway was part of this. It seemed to be geared to people in 
my age group; that was most of whom turned up."
"My impression of this group is that they tried to hide that it's actually Amway," he 
said.
Liam, who is studying business at university and works at a supermarket, said he was 
approached by a regular customer who asked if he was interested in being mentored. He 
said the long-time customer did not mention direct selling would be involved.
Liam said the meeting was run by a representative of Team Mak and Gen*E Group. Neither 
company mentions Amway on its websites or that direct selling is the business. Instead, 
they emphasis group holidays overseas, conferences and motivation quotes.
Team Mak is an official subsidiary of Amway Australia. There are dozens of such 
subsidiaries, or "Independent Business Owners", around the world, which have been 
established by successful sellers, who can earn a commission on new recruits and their 
sales.
On its website, Team Mak says it is an "association of people, using proven business, 
mentoring and training resources to help people achieve a greater level of financial 
freedom and more time to enjoy their lives".
Team Mak director Peter McKenna said he was concerned to hear about Liam's experience, 
adding that anyone within the company whose conduct was misleading would be retrained.
"We teach a transparent process where people are shown a video before they are even 
invited to a meeting. The video reveals the relationship between Team Mak and Amway," he 
said.
Amway Australia distanced itself from the recruitment drive, with its general manager 
Michial​ Coldwell saying that type of approach was "totally unacceptable".
"There have been occasions over time where Amway has found that distributors have 
attempted to prospect on a "look and see" basis rather than by using the business 
opportunity or brand as a first instance approach," he said. "That strategy is not 
encouraged by Amway."
Coldwell said Amway's rules of conduct specifically preclude "misleading prospective 
distributors into believing that the approach is anything other than for the purpose of
either the sale of Amway products or the offer of an Amway business opportunity".
"Our rules of conduct are very strict in the conditions they place on our Independent
Business Owners, and we have a demonstrable track record of enforcing those rules."
According to the Direct Sellers Association of Australia, combined sales through direct 
selling reached $1.5 billion in 2013, with more than 32,000 people part-time and 7700 
people full-time workers. One-quarter are involved in complementary healthcare products, 
followed by cosmetics and household goods.
Direct Selling Association of Australia executive director John Holloway said the 
industry had changed dramatically in the past 30 years.
"From time to time, you're going to get people who rely on practices of the past and I'd 
be amazed if Amway put up with it," he said.
"Legitimate direct selling derives from the sale of product, not the recruitment of 
people."

Hyderabad High Court posts Amway quash petition to Tuesday

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The High Court at Hyderabad on Friday posted to Tuesday next the quash petition filed by Amway India with the plea that CID has no locus standi to investigate the criminal cases filed against the company. The petition appealed to the High Court to quash the FIRs (First Information Report) filed in various police stations.
The Amway India filed the writ petition in the High Court challenging the locus standi of the Crime Investigation Department to investigate the criminal case filed against him. It may be recalled that the same company filed a writ petition last year demanding transfer of all criminal cases filed against the company to a single investigating agency as criminal cases were filed at various parts of the two States.
The single judge bench presided by Justice B Siva Sankar Rao reminded that it was Amway India who asked for transfer of the criminal cases to a single agency for investigation. He said that their counsel was present in the court and everyone agreed to the proposal when the cases were transferred to the CID. “How could they contest now that CID was not the single agency to investigate the criminal case,” he wondered. The judge said that the argument of the Amway India was not tenable. Expressing readiness to hear their argument further, the judge posted the hearing to Tuesday next. 

Amway accused attend court trial

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Of 32 persons accused in the illegal money circulation scheme alleged to have organised by Amway India Enterprises, 25 persons attended the trial in the 3rd Additional Chief Metropolitan Magistrate Court at Nampally, here on Monday.
It may be recalled that following a complaint by an NGO Corporate Frauds Watch, the Punjagutta police filed the criminal case which was later transferred to the Telangana CID police. Subsequently, the CID investigated into the criminal case against Amway India Enterprises. Telangana CID DSP Ramnarasimha Reddy filed the charge sheet in the 3rd Additional Chief Metropolitan Magistrate Court at Nampally and the accused were ordered to be present before the magistrate on Monday.
However, five of the accused were not present and many of the accused persons did not appoint advocates to argue their case.
The Chief Metropolitan Magistrate instructed the advocates of the persons who were not present to be present in the court by the next hearing. The court restrained itself from issuing non-bailable warrants after the advocates of the accused pleaded that their clients did not receive the summons.

The case is adjourned to December 22 with the instructions that all the accused should be present on that day.

Never-ending story of white collar crimes

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·        Law-enforcing agencies need to be empowered to take criminal cases to logical end

M V Syam Sundar

The other day the High Court at Hyderabad was annoyed at the progress of investigation into the misdeeds of real estate company AgriGold which has collected deposits worth about Rs 7,000 crore from millions of customers throughout several States in the name of real estate and failed to repay the deposits. The High Court had even called for the presence of the AgriGold chairman Avvas Venkata Rama Rao and the Additional Director General of Police Dwaraka Tirumala Rao in the court to explain the delay in repaying the deposits to the customers.
AgriGold is not the first case and it is not going to be the last in cheating the gullible in the name of selling products, services, real estate and what not. It is apt to recall that Subroto Roy, chief of Sahara International, is still behind the bars for not returning the deposits worth about Rs 40,000 crore to the depositors. Surprisingly, the Andhra Pradesh CID police did not take Avvas Venkata Rama Rao even into custody let alone arrest and send him to jail for reasons better known to them.
The then superintendent of police of West Godavari district, Dr Kolli Raghuram Reddy, filed a criminal case against AgriGold on the charges of illegally collecting deposits against rules of the RBI. The then Nellore SP Senthil Kumar had also filed criminal case against it. However, at the time the West Godavari police are raiding the offices of AgriGold and seizing the records, the mysterious forces acted in lightning speed and transferred the case to the AP CID. The rest is history. It is really mysterious as to who was the ‘real estate political personality’ that acted swiftly to transfer both the SPs. The case would have gone into the cold storage forever but for the proactive judiciary that has taken the case into its hands.
In spite of the criminal cases filed against AgriGold, the company is doing its business without any hindrance. Several of its agents and the customers who were in deep despair had even committed suicide. Still there is no serious action against the company but for the occasional statements by the politicians that justice would be done to the depositors.
Before AgriGold, there was Golden Forest Ltd which collected Rs 2000 crore in 1990s and disappeared without a trace after criminal cases were filed. Noticeably that AgriGold chief Rama Rao worked for Golden Forest before he started his own venture.
Pearl Agro, popularly known as PACL, also collected deposits worth Rs 40,000 crore from public. Till the judiciary took initiative, there was no police action despite the plethora of complaints against it. Till to date, the company did not return deposits though the SEBI ordered their refund.
A number of companies have cheated and have been cheating the gullible and decamped with thousands of crores of rupees. For instance, Speakasia, the Singapore-based online service company duped people for Rs 3,000 crore. The Andhra Pradesh CID busted the case following a complaint lodged by an NGO, Corporate Frauds Watch. However, the money could not be traced by them. It is the Delhi police who pursued the case and tracked the criminals who finally returned with the booty and started real estate business at Darjeeling.
A number of companies like NMart, Gemini Techno, V-Can Network shut shop long back and nothing is heard about the criminal cases filed against them. Not surprisingly, some of these companies started legitimate businesses with the ill-gotten money hoodwinking the law-enforcing agencies.
Apart from these, there are a number of direct selling companies which are still cheating people and amassing enormous wealth. Amway India, Herbalife, Tupperware, Forever Living Products and other members of Indian Direct Selling Association (IDSA) have blatantly been demanding legislations in their favour to continue their fraudulent business activities. It is apt to recall here that Andhra Pradesh High Court in its judgement in 2006 categorically stated that the business model of Amway is illegal. However, the adamant company still pleads for a separate legislation in support of its illegal business model.
The former head of Amway India and four others did not turn up the other at the criminal court. The magistrate was serious and ordered all the accused to be present in the court by next hearing. This is the scant respect these people have for our judicial system. It is apt to mention here that the Enforcement Directorate has served notice to Amway India for illegally siphoning out Rs 2,000 crore from the country to the USA. However, nothing is heard about it later.
It is high time the law-enforcing agencies were empowered to pursue the criminal cases without political interference and the ill-gotten wealth should be confiscated.


A SCAM MASQUERADING AS SANTA

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By Apurva Venkat & Vandana Kamath,
Bangalore Mirror Bureau | Dec 25, 2015, 04.00 AM IST

Christmas is here and social media is abuzz with celebrations of its spirit. Lurking in  the dark though, is an online scam that has been turning expectations of those  participating in it into heartache. Secret Santa, a gift exchange programme, has lured many people into its fold. The exchange programme invites people to join a chain of gift 
givers (and hopeful receivers) through social media platforms like Facebook, Instagram and Twitter. The promised deal is that every person in the chain stands to get 36 gifts against one that they make.
A person interested in being part of the chain, has to post their agreement on their wall, and invite six more participants. The scheme encourages the person to send a gift  valued below Rs 600 to a person whose name and address is at the top of a long list of participants that is sent as a private message. Once they have made the gift, they remove the name of the person in first place, and replace it with the person in the second place. The new recruit then puts their name in the second place of the list.
Social media experts call it as nothing but a pyramid scheme scam. While this has gone viral in the city only recently, the UK and USA governments have already warned their citizens against falling prey to such scams and termed them illegal. While most victims of the scam are sending books as gifts to strangers, there are others who have been gifting cosmetics, chocolates or Christmas gift packs. Of course, most are doing it in the hope of getting back similar gifts.
Chaitanya KM, Kannada film director, who sent a book as a gift under the scheme, told Bangalore Mirror, "I sent one book and seven people have asked me for my address but I have not received anything in return. I haven't heard about this scam but I do not mind gifting a book anyway without getting anything in return." Some hope that Secret Santa will work as an eye opener for city social media users.
Sunil Abraham, executive director of Centre for Internet and Society, said, "This seems to be a rumour to which many are falling prey. This will work like net-user education, and people will get wiser after they are cheated. Some form of awareness needs to be done because at least two per cent of people will respond to this." 
FACEBOOK BARS IT
According to Facebook rules, multi-level marketing on the platform is prohibited. The Facebook agreement terms state that engaging in things like pyramid schemes is not allowed. Also posting personal details on Facebook makes one vulnerable to many more identity fraud that can follow.
IT'S MATHEMATICALLY IMPOSSIBLE
Not only are pyramid schemes like this one is also mathematically impossible, they're also against Facebook's terms of use. The list of theoretical participants multiplies into  millions of people in just a few steps of Secret Santa. The idea sounds feasible but it is not. Going from step one it starts with six people, who each invite six more, who all send gifts to the person in the number one spot before they're moved off the list. 
However, as it spreads, the number of people involved increases far more than would ever take part — if the 36 each invite six people then the total number of participants is 216 going on to 1,296 and so on. Only those who start the schemes or enter in the second round stand a chance of receiving something in return and even in that case it is just one gift not 36 as the post claims. Those who join later never ever reach the top of the 
list. 

Mumsnet Members create 'Timeless Vie' (the cryptic antithesis of 'Forever Living').

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See original image



See original image


Readers of this Blog might like to visit 'Timeless Vie' (the cryptic antithesis of 'Forever Living').

https://timelessvie.wordpress.com/2016/01/17/in-memory-of-friends-family-lost-to-juice-plus-herbalife-younique-forever-living-stella-dot-nuskin-etc/



See original image


After witnessing robotic 'MLM' recruiters amongst their own friends and families, a number of members of the British Internet forum, Mumsnet, created the concept of Bot-Watching (i.e. laughing at the scripted antics of 'MLM'adherents, but with the serious goal of shining a light on the problem).

Mumsnet members have recently created 'Timeless Vie' -  a outrageously funny exposure of 'MLM' cultic rackets in general, but particularly those which have mainly preyed on women. 'Forever Living Products' seems to be the most virulent 'MLM' racket of this type, currently infesting the UK.

Mumsnet has brought together the most significant group of insightful, and determined, people in the UK ever to start to examine the 'MLM' phenomenon. They have quickly uncovered the extraordinary scale, and underlying cultic nature, of the problem: the disturbing results of which have been all-too evident on social media.

 'Timeless Vie' is a valuable attempt to halt the spread of the 'MLM' fairy story, but its creators accept that they have little chance of influencing the most gung-ho 'MLM' fanatics.


David Brear (copyright 2016).

Serious Fraud Investigation Office asked to probe fraud by 258 companies in last 4­year: Government

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NEW DELHI: Serious Fraud Investigation Office (SFIO) has been ordered to probe alleged fraud in 258 companies in the last four years, Parliament was informed.
Of the 258 cases, investigations have been completed in 116 cases and reports have been submitted in this regard to the ministry while in 8 cases, probe have been stayed by the courts, Corporate Affairs
Minister Arun Jaitley informed Lok Sabha in a written reply.
Further, the ministry has ordered filing of prosecution against companies, directors and other officers for several non­compliance under the Companies Act as recommended in the investigation report in 102 cases, where the probe has been completed. SFIO is the investigation arm of the Corporate Affairs Ministry. "From 2012­13 and up to January 31, 2016, the ministry has ordered investigations through SFIO into the affairs of 258 companies allegedly indulging in fraudulent or  illegal activities," Jaitley said.
He also said the government has taken various other measures to curb frauds like defining 'fraud' in the new Companies Act, stricter corporate governance norms and statutory status to SFIO.
In a separate reply, the minister said several complaints have been received pertaining to cheating of small investors, particularly by the companies involved in Chit Fund or  Multilevel Marketing activities.
On the basis of such complaints, SFIO has been directed to probe 167 such companies till January 2016. Of these, investigation has been completed in 77 cases and directions to file prosecution have been ordered in 68 cases.

Herbalife's And Other MLMs' 2015 Data Show Their Growth Era Has Ended

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Robert FitzPatrick shows 'MLM' growth is finished.

Summary

Apart from fraud charges, the global performance of Herbalife and other large MLMs shows their era of "growth" is over. The change is not cyclical, but inevitable and irreversible.
Growth in MLM is not real. It relies on new geography. There is no sustained base of brand loyalists or successful salespeople.
For individual recruits, MLM "growth" from recruiting is a requirement. No one profits by personal "direct selling."
While expansion is always promised, data now show contraction, revealing to regulators and investors MLMs inherent flaw and its basis in deception.
Herbalife, Nu Skin and Usana illustrate the reality of saturation. All depend now on China and other new markets, the proverbial "last ones in." China "growth" is ending.
Using global and domestic SEC-reported data, I have previously published articles tracking and evaluating the "growth" and "saturation" status of the commercial sector known as "multi-level marketing", MLM.
Recently released data from Herbalife (NYSE:HLF) most clearly illustrate the new reality of the end of the MLM "growth" era, and this nothing to do with the recent controversies of fraud charges against Herbalife.
The MLM sector includes global companies, Herbalife (HLF), Nu Skin (NYSE:NUS), Usana (NYSE:USNA) and Avon (NYSE:AVP), among about 10 others on Wall Street. Its largest private representative is Amway, the progenitor of all current MLMs. Avon predates Amway as a company but adopted the Amway-model only after 2000, and only partially. There are now perhaps over 1,000 MLMs in the USA!

Wall Street Acceptance of MLM, Pyramid Scheme or Not

After years of confusion on Wall Street, it is now widely accepted that "MLM" is a distinct sector, though its definition and legal status are still contested. It is widely understood that, whatever MLM is, the common denominator of the sector is a shared commodity of human recruits who operate under essentially identical legal contracts, unique to MLM and who serve as the direct and ultimate source of almost all revenue. This common revenue source is gained by inducing the recruits to seek financial rewards tied to the hallmark MLM "business opportunity." This shared and virtually identical "business opportunity" offered by all MLMs always depends upon recruits recruiting other new recruits in a classic "endless chain" proposition.
In putting all MLMs together under one sector, it is implicitly understood that the various consumer products offered for sale and their unadvertised brands do not characterize or define individual MLMs. The various products (usually pills, potions and lotions) are merely incidental elements of the shared recruiting and money transfer mechanism. As to the legitimacy of MLM'sdefining pay-to-play, contractor-recruiting-contractor, endless-chain model, Wall Street generally embraces it but presumably only as long it continues to "grow."
For a full economic and philosophical endorsement of the MLM business model see the booklet by a Dr. Lasdwun Luzes who boldly lays out the case, In Defense of the Pyramid Scheme.

The Party is Over

I will publish a comprehensive summary of 5 years of data of publicly traded MLMs, from year-end 2010 with analysis of the demographic and information saturation factors when SEC reports are available. However, 2015 data already reported by several of the largest MLMs support my earlier analysis that the heyday of MLM is finished, never to return. There will never be another MLM ballooning to the size that some of today's MLMs reached a few years ago. This 35-year MLM pandemic occurred while the FTC deliberately ignored it or administratively dithered over arcane definitions of "pyramid scheme" and some FTC officials strolled through the lucrative revolving door between the FTC and the MLM "industry."
Free from law enforcement, MLM's recruiting rampage carried this American racket to every corner of the globe, with China as the last stop. Now, in the face of global saturation, based on growing public awareness and demographic limits, the larger MLMs can no longer claim "momentum" and "explosive" growth to lure in recruits. The current challenge of these companies today is to manage unfolding collapse while still promising "unlimited income" to new recruits.
  • Amway, the oldest MLM with the longest global reach, reports (unverified, since it is a private firm) its global revenue has recently dropped to its lowest point in 5 years. The decline appears to be accelerating, moving from minus 8% in 2014 to minus 12% in 2015. Much of the decline occurred, Amway claims, in China, which had accounted for the previous spike.
  • Avon, the MLM with the largest number of members, suffered a 34% revenue drop since 2010 (including North America revenues in 2015) and has just sold off its entire North American operation, where the company began over a hundred years ago.MLMs classically saturate earlier markets, requiring constant expansion for "growth."
Investors who still hearken to MLM's historic and enigmatic "growth" rates, even in the middle of global recession, should take note that this recent reversal of fortune is not cyclical but inevitable and irreversible.

Growth, Quote UnQuote

"Growth," as it is conventionally understood, must be put in quotes when referencing MLM because MLMs misuse the term to confuse consumers and investors as part of an entire vocabulary of pseudo-business terms and phrases, including the meaningless term, "multi-level marketing" itself ("multi" actually means infinite).
I see firsthand how effective this linguistic flim-flam has been in sowing confusion from talking with countless MLM participants, providing professional consulting to dozens of Wall Street analysts on MLM, and being interviewed by journalists assigned to report on this or that MLM stirring up local discontent across the world. Consumers cannot discern the indecipherable MLM play plan and are not told of MLM's epic turnover rates among recruits. Without a good grasp of algebra few can untangle the misleading "income disclosures" - among the few MLMs that offer them at all - revealing 99% loss rates. Aiding and betting the concealment and NewSpeak, the FTC specifically exempted MLMs from all financial disclosure requirements as they solicit investments from millions of people each year.

Explaining the Unexplainable

Wall Street researchers, charged with due diligence on behalf of investor groups, earnestly try to apply conventional metrics to MLM in the naïve belief that MLMs compete and grow like real companies. They imagine MLMs gaining customers from competitors with similar products or creating new markets that add to an existing year-upon-year base of brand loyalists. They further imagine that new customers are won over by profitable salespeople who sell products based on market factors like pricing, quality, technology advantage or some valuable differentiation, resulting in profit to them and "growth" to the MLM enterprise.
Yet, these researchers are invariably flummoxed to explain a seemingly inexplicable factor that contradicts their "sales" thesis. This is the extraordinary attrition among adherents, reaching virtually 100% in several years. After signing contracts and paying fees, why would salespeople or even customers abandon a "growing" company with loyal buyers in such numbers and so rapidly? To reconcile the mysterious phenomenon, they bravely search for other market-based factors like variations in start-up fees.
For investor purposes, analysts do their best to exclude deception and fraud as factors. They must do this in the face of otherwise inexplicable consumer behavior, massive consumer loss rates, cult marketing techniques by MLMs and continuous churning of what they define as "salespeople" and "customers" without being able to determine exactly who is selling to whom or what the real products are.
In reality, none of these market-based factors applies or has anything to do with growth or decline in MLM. Quitting rates turn out to be the same across the board, having nothing to do rational buying, fee levels, or diligent investing. Indeed, conscious buying or investing "choice" isimpossible in MLM since no one is ever fully or adequately informed when recruited. MLMs sell anon-existent income opportunity. Therefore, conventional sales and marketing laws and definitions that govern real commerce, in which actual value is exchanged, do not apply.

Non-existent Opportunity

In describing the marketed MLM "income opportunity", I call it "non-existent" not editorially but based on a tedious analysis of the bizarre MLM pay formulas that transfer most commission dollars, per transaction, to the top of an enormous recruiting chain, and impose burdensome pay-to-play purchase requirements on new recruits, serving as the chief revenue source. My description is further supported by de-constructing the available income disclosures that reveal 99% loss rates among all MLM adherents, year in and year out, including those who pay the much higher fees to start out at higher potential pay rates.

Take the Test

Here's a test, requiring only arithmetic, that should settle all question about the existence or absence of an MLM "income opportunity." Take any of the larger MLMs and add together all the people that have ever paid money to become eligible for the fabled "income opportunity", dating from the company's inception, and then ask how many or what percentage of all of them ever did earn a profit or are gaining it now. No one does this in the media or on Wall Street, perhaps because the answer would be too shocking to accept. Hundreds of millions of people, over three decades were obviously churned through a mill of false income promise only to "fail." Even those the MLMs claim are only "discount buyers" universally disappeared. A tiny cadre of recruiters at the top profit directly from those losses, year in and year out. Yet, millions more are still successfully recruited? The specter of commercial deception on such a scale, while the FTC looks on, is literally unthinkable for some analysts and reporters, much less ordinary consumers.

Not Growth

Referring to growth, I employ the phrase, "as it is conventionally understood," because MLMs do not grow according to how that term is conventionally used in business. MLMs that "grow" are only outpacing attrition each year. There is no large base of salespeople or customers upon which to "grow." There are no loyal or repeat customers of any consequence. Only if recruiting outpaces attrition, can revenues be larger YOY. The sales force and the customers did not grow. They were replaced. Collapse occurred more slowly than recruiting accelerated, and the scheme was thus able to give an outward appearance of organic growth, unless one looks more closely. Real growth requires success and satisfaction of earlier buyers and salespeople. MLMs, however, leave almost total failure, abandonment and disappointment in their wake.

The Meaning of No-Growth in MLM

Before citing more of the available company data and their significance, it is important to consider the meaning of MLM's recently arrived at "no-growth" status from the consumer' interests, not just the investors'. A no-growth conventional company can obviously remain profitable and valuable to customers. However, in MLM, growth is not a market condition; it is a promise on which value-for-payment-received is based. It is therefore an existential requirement. But, without capacity for outpacing collapse, MLMs now have no basis at all for claiming that new recruits have a chance at success and therefore cannot plausibly pretend to offer value in exchange for payment.
Let us be clear in recognizing that individual success in all MLMs is not based on personal sales or "direct selling" as it is called. In 15 years of work in MLM, I have not found an individual who earned sustainable profit without recruiting other recruiters. No one in MLM has or does gain sustainable profit from individual door-to-door selling, an outmoded and unnecessary method of product distribution. Add in absurdly high prices, an upside-down commission plan that rewards the recruiter and oppresses the street-level retailer, unprotected territories, constant inundation of competitive salespeople, no advertising allowed, punishing inventory purchase requirements, and the MLM "direct selling" business is revealed as an utter sham.
MLM "growth" is not an added benefit but a requirement, since 50-80% of the entire sales force and customer base (for the most part, one and the same) disappear annually and the remaining market shrinks. Yet, for any significant number of new recruits to succeed, the overall chain must get larger and longer. It is this contradiction that leads to the conclusion of many experts that the business model is "inherently" unsustainable and deceptive. An MLM enterprise can thrive only on the failure of its churning and "losing" adherents.

Mimicking Growth

Up to recent times, geographic expansion and brief periods of local increases in prospects, usually brought on by economic distress, could at least mimic sustainable growth or perhaps support the claim that recruiting could alwaysoutpace attrition, giving some recruits a chance to "win" though at the expense of their recruits. But, if revenue records show local and globalcontraction, on what basis can the MLM company base even a bogus promise to the "last ones in" of viable profit opportunity based on "infinite" recruiting?
Properly understood, the new status of no-growth-due-to-saturation lays bare the realities of MLM for regulators and investors who might still be charmed by MLM's historic "growth", promises of perpetual growth or the newest predictions of return to growth.

Nu Skin: Pop and Drop

It has already been shown that MLM's greatest icons, Amway and Avon, have experienced dramatic drops in revenue recently. Nu Skin, also one of the larger and older MLMs, serves as a further illustration of the trends in maturity and reveals "growth" as merely a reflection of the "last ones in."
Nu Skin's China "growth" exploded almost 400% between 2012 and 2013, catapulting China to Nu Skin's largest market and accounting for 32% of total revenues. Then in just two years, revenue was nearly cut in half. Between 2013 and 2015, Nu Skin's global revenue dropped by $929.7 million. The drop in one market, China, accounted for about half of that global drop.

Usana: Chasing Nu Skin

Usana is a commercial clone of Nu Skin, both enterprises coming out of Utah, that font of MLM startups and "food supplements." In saturation status it is only a year or so behind Nu Skin before hitting the China Wall. Extreme slowdown has already been reached.
Consider the drastic change in rates reflected in language in the end of Q4 8Ks of 2014 and 2015. In 2014, Usana trumpeted net sales growth in Asia Pacific (including mainland China) of 34.1% compared to same period a year before. It also added that it achieved a 25.4% "sequential" increase over the 3rd quarter of that year. This is the classic MLM "exponential" growth achieved with mesmerizing and illusory endless chain incentives offered to virgin recruits in newly invaded territories. A year later, there is no bragging of a sequential increase. It had dropped to just over 2% and annual "growth" for the quarter was just 5.4% over the same period a year ago.
Between 2013 and 2015, Usana "grew" by $200.5 million globally, now edging close to a billion in total revenue. But during this same time frame, it "grew" in Greater China by $169.47. China, a market that Usana only recently entered, accounted for 85% of Usana's global "growth" in the 2013-2015 period. It opened in mainland China with an entirely new line of goods from a small, obscure China-based company selling "baby" products in a country that limits families to one child! Yet, with a new product, in a new land, Usana reports that Greater China is now approximately half the company's total global revenue! Breaking it down even closer, reveals thatUsana is dropping in the areas of Greater China where it entered first, like Hong Kong. Go figure.
Analysts may deduce that all the rest of the world, accounted for only 15% of Usana's "growth" in the last two years. Excluding Greater China, Usana grew just 4% in the last two years. China, the "last ones in", sustained the company and enabled it to tell hopeful recruits in all other countries that it was explosively "growing", though in many places, even its home country, the USA, it was actually in contraction. Unless you have cousins in China, the actual data showed that the chance of your building a large local downline based on friends and family, ignoring the financial consequences to them, was bleak indeed.

Usana USA "Growth" Obscured?

Analysts that question the sustainability of Usana's earlier rocket-like growth (almost entirely in China, it turns out) might want to know of Usana's performance in the USA, where it all started. Shouldn't this be the strongest area, where it is best known, faces no currency "headwind" and should have the largest base of satisfied adherents over more than 20 years of operation?
This is a question I have special interest in since "saturation" in MLMs occurs in earlier markets where demographics and actual failure rates finally take their toll. It turns out that Usana makes it difficult to know for sure USA revenue and recruiting status. Is the "drop" concealed while the "pop" is touted?
The reported data does show steady but modest declines in the USA revenue, -10%, while mainland China grew +332%, but, incredibly, Usana has confused the definition of "USA." In 2000, Usana began merging parts of Europe's data with the USA's.
From Usana's Q-2, 2000, "Since the beginning of the second quarter of 2000, the Company's United Kingdom market has been serviced from the United States and Is no longer an operating segment of the company. The company's operating segments are based on operating geographic regions." Usana reported in Q1 2012: "North America - United States (including direct sales from the United States to the United Kingdom and the Netherlands), Canada, Mexico, France(1), and Belgium(1) … The Company commenced operations in France and Belgium during the last week of the first quarter of 2012. Net sales and customer count information for these two markets have been included with the United States for the quarter ended March 31, 2012."
Say what? Europe is counted with North America for net sales and customer count? And Usanais adding new countries in Europe, making "North America" an expanding market?
The seemingly modest and gradual decreases in the "USA" that Usana reported to the SEC are contradicted by Usana's income disclosure reports to consumers, not to the SEC. These disclosures are based only on the real North America, not a fictional one presented to shareholders and the SEC. In its North American Average Total Earnings for 2011 the total of USA Associates that purchased at least one product (active) was reported as 135,590.
Then, when Usana updated this USA data disclosure with 2014 data, only for geographic North America, Usana reports only 61,400 associates qualified as active by making one purchase. That's a 54.7% domestic decline in three years. Shareholders seeking insight into Usana'sfuture, especially its future in "explosive China" may want to know exactly how Usana is doing in the 50 states of the USA, really. It is the harbinger for China.

Herbalife: China and Latinos Sustain the Illusion of "Growth"

Herbalife came into being two years after a controversial FTC decision reversed earlier rulings against MLMs and allowed Amway's pyramid plan to continue, based on its sworn testimony that it was a retail sales company, not a recruiting scheme. Herbalife cloned the Amway play plan and after 20 years of operation, Herbalife entered the China market in 2001, one of the earlierMLMs to go there.
Now, after just 14 years in China, revenue from that country is almost entirely sustaining Herbalife, offsetting saturation in most of the rest of the world, including the USA, its home market.
  • Between 2013 and 2015, Herbalife declined in global revenue by $142 million. But in the same period revenue "grew" in China by $370.9 million. Excepting for increases in China, Herbalife's global revenue would have dropped over 9% in the last two years instead of -0.34%. As with Amway, Nu Skin and Usana, China is Herbalife's "last ones in," keeping afloat any claim at all for "growth."
  • In the last five years, Herbalife's reported annual revenue increased by $1.7 billion. 38% of that "growth" occurred in mainland China alone and at the same time, Herbalife entered 16 other new countries, adding to the "growth." Without geographic expansion,Herbalife's is in significant decline, but it is now running out of new countries.
  • Between the end of 2012, when scrutiny was focused on Herbalife by the Pershing Square fraud thesis presentation, global revenue "grew" by $397.7 million, while China alone grew by $567.7 million. If you take out the China "growth", (increase in China only) during these three years of controversy, Herbalife global revenue, would show a negative 4%. Even with China and other new countries entered, Herbalife still showed global revenue decline in the last two years.
  • If globally Herbalife is dependent on China, in the USA, it is clinging to the lifeline of Latino immigrants, a virtually new country it invaded inside the USA to offset information and demographic saturation among the rest of the population. Yet, despite this new base of vulnerable recruits, revenue declined in the USA over the last two years after spiking upon a massive and customized recruiting campaign aimed at low income Latinos and other new immigrants.

Robert FitzPatrick (copyright 2016)

Will Amway compensate medical & hospital expenses

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RAJAN leaves a new comment "Amway is selling Nutrilite as medicine":

I started using AMWAY's Protein Powder, Calcium, Vitamins & few other products in Feb. Mar. 2014. After using for 2 months or so, I used to feel unusually weak & extremely tired. So I discontinued with these. But weakness persisted even after that. Later in Apr. 2014 I had internal bleeding, which somehow I could not recognize at that time & hence I neglected it. I pulled on like this till Nov. 2014 when I happened to do Blood test along with few other Medical tests, I found My Platelets to be alarmingly low - 20,000 ( it went down to 6000 - 4000 level later on ).
Earlier in Jan. 2014, My Platelets were around 1,02,000, as per my medical check up. I never had any disease of any nature earlier so as to bring down my Platelets to this level & that too at such a short period of time. Even Doctors opined that the Food Supplements as these can do harm, particularly blood related. Friends & relatives told me that there are several news items & articles appearing in the News Papers & in the Internet stating that the Food Supplements are capable of reducing one's platelet levels.
It took almost an year & a half for me to recover from this dreadful disease. The sufferings & agony underwent by me is beyond one's imagination. Total medical & hospital expenses are around 4 lakh. Will AMWAY Compensate this to me. Is it possible for AMWAY to compensate the sufferings & agony underwent by me. I am not the only one to have such a Bad experience as this. Many are there, but they either do not realise this Or they do not report their complaints. As regards the other products other than Nutrilites, I feel they are too costly, which I demonstrated to my near & dear. 
Use of natural ingredients in its natural way as prescribed in Ayurveda is the best solution for all health & skin care issues. 
Be Indian Buy Indian. 

Kingpin of ‘Crypto mining scam’ arrested

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Here is yet another multilevel marketing scam which shocked the authorities and the police alike. The crooks started 3Gcoin with the promise of easy and quick money. Finally the kingpin of the scam was arrested.
The kingpin involved in the scam of ‘3gcoin,’ a multi-level marketing company involved in crypto mining (digital currency), was arrested from Bengaluru and produced in a city Court on July 27. A case was registered under various provisions of IPC and IT Act and the police took up investigation.
According to the Cyber Crime police of Cyberabad, the accused, B M Jagadeesha, cheated people to the tune of Rs 2.89 crore during the last two years. Jagadeesha is the head of operations for the company www.3gcoin.eu which is registered in Europe lured gullible IT employees interested in crypto mining. They promised to provide huge profits upon investment. The modus operandi involved active involvement of 500 agents, working on commission basis. The person who introduced the members will get 20 per cent of 30 Euros as commission. The accused promised them that the introducer would continuously get the commission on each introduction. He has collected Rs 2,89,12,500 from one group most of which was distributed as commission to agents. 
At the time of launching the company, they have declared that the value of each Crypto Coin was 30 Euros. They have projected the investors that if they take one crypto coin by investing 30 Euros they would get 128 crypto coins at the end of the second year of investment.

During the investigation it also came to light that there are several other similar websites such as wowcoin, onecoin, richcoin, litcoin, which are involved in similar businesses online. “Hence, it is advised to study about the operations of such companies before investing their hard earned money,” said Md Riyazuddin, Inspector, Cyber Crimes (Cyberabad East), who led the team to Bengaluru.
Corporate Frauds Watch appeals to the people from all over the world not to fall prey to the dubious promises of multilevel marketing companies like Amway. Herbalife, Tupperware which are followed by the crooks like 3gcoin and others.

Ministry of Consumer Affairs nails Amway with guidelines

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The Ministry of Consumers Affairs has taken a right decision in preparing an advisory issuing the model framework to prepare guidelines by the State governments and Union Territories to expose the illegal activities of the direct selling companies which are in fact indulging in illegal money circulation schemes in the guise of selling products and services. It exposed the true colours of the direct selling companies in general and Amway in particular. With the help of the model framework, now it is easier to pinpoint the illegal activities of these companies.
It has prohibited entry fee/registration fee charged by the companies to enroll members and also collection of renewal fee every year. It may be recalled that the AP High Court pointed out that the Amway has been illegally lining its pockets by charging registration fee and renewal fee from the members which is nothing but easy and quick money. Though the new set of guidelines is almost similar to the guidelines issued earlier, there are only thin differences.
The pyramid scheme is clearly defined in the model framework. Moreover, it prohibits compulsion of these companies to purchase huge quantities of goods which is detriment to the interest of the consumers. These companies encourage the members to stock in large quantities offering commission of 40 per cent or more. They are also compelled to take back the products if the consumer is dissatisfied. However, it should have been made clear that the companies should directly take back the products instead of the present practice of returning through the upline members.
The companies also need to provide a grievance redressal mechanism to solve the grievances in a time-bound manner. In view of the framework, it would be easier for the aggrieved consumers to file criminal cases against these fraudulent direct selling companies.
Some members, who are very senior in the upline, claim huge income after selling products. In fact, they do not pay any sales tax to the commercial tax department. With the condition of compulsory of PAN, they would be compelled to disclose their income if at all they get. Most of the income they claim is on the products purchased by the downline members as if they actually sold them. Now they cannot escape the tax liability. It may be noted here that the Supreme Court held that the income from the purchase of downline members is also easy and quick money. 
Some direct selling companies are euphoric over the framework issued by the Ministry of Consumers Affairs. In fact, this is only the model framework as an advisory to the State governments and Union territories to prepare guidelines in their respective states and union territories. Whenever there is a clash between the guidelines and the legislation, it is not necessary to mention that the legislation prevails over the guidelines. Even the state governments form guidelines, the Kerala experience would recur if the guidelines were ignored by these companies. These companies cannot do business without misrepresenting the facts to the new members and naturally they would come under fire.
The big loss to these companies would be removal of entry fee and renewal fee. This is the main source of income particularly where these companies make easy and quick money.



Ministry of Consumer Affairs nails Amway with guidelines

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The Ministry of Consumers Affairs has taken a right decision in preparing an advisory issuing the model framework to prepare guidelines by the State governments and Union Territories to expose the illegal activities of the direct selling companies which are in fact indulging in illegal money circulation schemes in the guise of selling products and services. It exposed the true colours of the direct selling companies in general and Amway in particular. With the help of the model framework, now it is easier to pinpoint the illegal activities of these companies.
It has prohibited entry fee/registration fee charged by the companies to enroll members and also collection of renewal fee every year. It may be recalled that the AP High Court pointed out that the Amway has been illegally lining its pockets by charging registration fee and renewal fee from the members which is nothing but easy and quick money. Though the new set of guidelines is almost similar to the guidelines issued earlier, there are only thin differences.
The pyramid scheme is clearly defined in the model framework. Moreover, it prohibits compulsion of these companies to purchase huge quantities of goods which is detriment to the interest of the consumers. These companies encourage the members to stock in large quantities offering commission of 40 per cent or more. They are also compelled to take back the products if the consumer is dissatisfied. However, it should have been made clear that the companies should directly take back the products instead of the present practice of returning through the upline members.
The companies also need to provide a grievance redressal mechanism to solve the grievances in a time-bound manner. In view of the framework, it would be easier for the aggrieved consumers to file criminal cases against these fraudulent direct selling companies.
Some members, who are very senior in the upline, claim huge income after selling products. In fact, they do not pay any sales tax to the commercial tax department. With the condition of compulsory of PAN, they would be compelled to disclose their income if at all they get. Most of the income they claim is on the products purchased by the downline members as if they actually sold them. Now they cannot escape the tax liability. It may be noted here that the Supreme Court held that the income from the purchase of downline members is also easy and quick money. 
Some direct selling companies are euphoric over the framework issued by the Ministry of Consumers Affairs. In fact, this is only the model framework as an advisory to the State governments and Union territories to prepare guidelines in their respective states and union territories. Whenever there is a clash between the guidelines and the legislation, it is not necessary to mention that the legislation prevails over the guidelines. Even the state governments form guidelines, the Kerala experience would recur if the guidelines were ignored by these companies. These companies cannot do business without misrepresenting the facts to the new members and naturally they would come under fire.
The big loss to these companies would be removal of entry fee and renewal fee. This is the main source of income particularly where these companies make easy and quick money.



Ferreira rejected bail in QNet scam

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New Delhi: Padma Bhushan Michael Ferreira, former world Billiards champion is all set to be arrested after the Supreme Court on Wednesday rejected Anticipatory Bail applications of all prime accused in the QNet scam.
The Supreme Court rejected the bail applications of five including, Srinivas Rao Vanka and Magaral Veervalli Balaji, both directors of Vihaan Directselling (India) Pvt Ltd, Suresh Thimiri, director of Transview Enterprises India Pvt Ltd, Malcolm Nozer Desai, who is a 20 per cent stakeholder in Vihaan and Michael Joseph Ferreira, former world champion of billiards and an 80 per cent stakeholder in Vihaan.
Earlier the Bombay High Court had rejected the anticipatory bail applications of all the accused calling the whole business of QNet as “prima facie illegal business”.
The order mentioned, "The motto of the company 'sell more, earn more' appears very attractive and innocuous. However, this motto is fully camouflaged. The company stands on a basic statement that people can be fooled. Thus, the true motto is 'sell more earn more' by fooling people. In fact it is a chain where a person is fooled and then he is trained to fool others to earn money. For that purpose, workshops are conducted where study and business material is provided with a jugglery of words, promises and dreams. Thus, the deceit and fraud is camouflaged under the name of e-¬marketing and business."
"It has very grave and serious impact on the economic status and mental health of the people on a large scale. On considering parameters of the Section 438 of the Code of Criminal Procedure, I am not inclined to protect the accused. It won't be out of place to mention that such circulation is required to be stopped. It is necessary for the prosecution to take injunctive steps against this business activity, which is prima facie, illegal.”
“The Serious Frauds Investigation Office had termed the whole business of the QI Group in India as a threat to the national security,” said the whistle blower, Gurupreet Anand, who submitted the SFIO report in Bombay High Court as well as the Supreme Court of India along with other documents.
A detailed Status Report was filed by Special Public Prosecutor Pradeep Gharat and after going through the contents of the said report the anticipatory bail applications of all the prime accused was forthwith rejected. Agencies


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