Some say you can judge an organization by its leadership. If that's the case, those interested in LifeVantage Protandim should take a look at Pro 10 Distributor Nancy Leavitt's illegal testimonial about the product she sells and skin cancer. Here it is on YouTube:
[Note: Mrs. Leavitt's lawyer sent me a DMCA take-down notice for alleged copyright infringement for embedding this video from YouTube.com. I have sent a DMCA counter-notice that the lawyer must initiate legal action against me and settle this in a court of law. It is my understanding that the lawyer must file law suit against me within 10-14 days. That 10-14 day has expired and I have not been notified of any lawsuit. Thus, I'm going to restore the embedded video from YouTube as the feature was designed by Google for the ease of use of the reader.
I apologize for any past inconvenience caused by Mrs. Leavitt and her lawyer. Considering the video's content, I can understand why Nancy Leavitt would want to make it more difficult for you to view it.]
As with all YouTube videos they can be taken down by their respective owners. I suspect the above video will be taken down soon. In the event that happens I made a copy for my records. In fact, there's a note at the bottom of the comments from Matt Leavitt asking that it be removed 9 months ago. That alone should be a major red flag that this product is being marketed illegally. However as it stands on May 31, 2011, this video, that was submitted on February 9th, 2010, has over 4400 page views.
In the video you'll find Nancy Leavitt saying the following:
- 0:13 - "The most important thing to know is that this product works 100% of the time. It's proven, it's documented and it's measurable."
- 0:41 - "I had real achy joints from teaching aerobics for so many years and after just a few weeks of using Protandim that subsided immediately."
- 0:51 - "I was also using some anxiety medication and I noticed all of my symptoms from anxiety started going away..."
- 1:02 - "I no longer struggle with ADD and joint pain is gone."
- 1:10 - "The most profound thing that happened to me, besides having more energy and better sleep... what was really miraculous to me... I've suffered and struggle with skin cancer for years."
- 2:05 - "I was using Protandim and also TrueScience and I've been using the product for 6 weeks and I wanted to wait to have the surgery done because #1 it is obviously expensive and causes different scars and such... after 6 weeks the using Protandim and TrueScience the two spots on my forehead disappeared and the spot on my leg completely disappeared as well. The symptoms of skin cancer... totally gone... it was just a miraculous thing for me."
Nancy Leavitt doesn't waste much time stressing the "most important thing" that the "product works 100% of the time." She fails to define what working is in that statement, but says that it's "proven", "documented", and "measurable".... three things that are impossible to apply to something is only generally defined as "works."
Nancy Leavitt then goes into litany of medical conditions that Protandim has cured as I showed above. With those medical cure condition claims in mind, let's review LifeVantage distributor policies and procedures:
"8.11.2 – Product Claims
No claims, which include personal testimonials, as to therapeutic, curative or beneficial properties of any products offered by LifeVantage may be made except those contained in official LifeVantage materials. In particular, no Independent Distributor may make any claim that LifeVantage products are useful in the cure, treatment, diagnosis, mitigation or prevention of any diseases or signs or symptoms of disease. Not only are such claims violations of LifeVantage policies, but they potentially violate federal and state laws and regulations, including the Federal Food, Drug, and Cosmetic Act and Federal Trade Commission Act."
So there is the evidence that the very top people in LifeVantage break LifeVantage's own rules. As LifeVantage mentions they potentially violate the FDA and FTC's policies. The FTC has released the following guidelines on such testimonies:
- Endorsements must be truthful and not misleading;
- If the advertiser doesn’t have proof that the endorser’s experience represents what consumers will achieve by using the product, the ad must clearly and conspicuously disclose the generally expected results in the depicted circumstances; and
- If there’s a connection between the endorser and the marketer of the product that would affect how people evaluate the endorsement, it should be disclosed.
This video violates at least the two points. She didn't disclose that she is a paid LifeVantage distributor in the video. She also does not disclose that her results are different from the "generally expected results." It is hard to judge the first own without medical proof. In addition, we already covered how how the FTC feels about the claims Nancy Leavitt made. Specifically that article mentioned:
- products that "claim to be a ‘cure-all’ for several diseases... often are unproven and useless, making promises they can’t fulfill."
- "The reality is that phony miracle products can have dangerous interactions with medicines you’re already taking. They also might cause you to delay or stop medical treatment for your condition…"
- products you should avoid “are promoted with phrases like 'scientific breakthrough,' 'ancient remedy,' or 'miraculous cure,' or scientific-sounding terms like 'thermogenesis'"
So we have Nancy Leavitt hitting all the major points of what the FTC is a scam and fraud. In regard to bullet point #1 above, she definitely calls it a cure-all (works 100%) for several conditions. In regard to bullet point #2 above, she admitted that it stopped her from treating her medical condition (skin cancer). Finally, In regard to bullet point #3 above, we have her claiming twice that Protandim was "miraculous."
A related article notes that MonaVie, another MLM, and their lawyers have made it a point to warn that these claims violate the FTC rules: MonaVie, FTC Guidelines, and Distributor Testimonies.
I haven't even touched the FDA violations here. I'll let someone in the comments get that ball rolling.
Originally posted 2011-05-31 22:13:03.This post involves:
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