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How is #1 defined?
Tori Belle, an MLM that sells magnetic eyeliner and eyelashes, among other beauty and cosmetics products, is becoming a magnet for regulators.
Last week the Direct Selling Self-Regulatory Council referred the MLM to the FTC after it failed to substantively respond to the self-regulatory group’s inquiry regarding the company’s use of unsubstantiated earnings claims to market its business opportunity. The referral comes almost two years after the FTC sent Tori Belle a notice of penalty offenses concerning deceptive income claims in October 2021.
The earnings claims at issue appeared in distributor posts on Facebook and YouTube, the DSSRC said. They included:
“As stated in DSSRC’s Guidance on Earnings Claims for the Direct Selling Industry, some words and phrases commonly used in earnings claims can carry a particularly high risk of being misleading to consumers,” the DSSRC said, adding:
Such words and phrases include claims such as “financial freedom,” “full-time income,” “replacement income,” “residual income,” and “career-level income.” Furthermore, earnings claims must be substantiated and representative of a level of earnings that can be generally expected by salesforce members.
While Tori Belle claims on its website that it pays “some of the highest commissions in the business,” the MLM has not published an income disclosure statement with the actual earnings of its distributors, TINA.org found. (Spoiler: Most people who join legitimate MLMs make little or no money, and some even lose money.)
Before going silent, Tori Belle argued that the dates on the distributor posts had been altered and that the posts were actually more than three years old. The DSSRC did not find this argument very convincing, noting that even if the posts are old and the distributors are no longer active with the company, the posts are still available to the public.
As such, the DSSRC said, Tori Belle must make a “bona fide, good faith effort” to have them discontinued. But according to the DSSRC, the company failed to demonstrate that it had made any effort to have the posts taken down.
During its review of the Tori Belle website, TINA.org found some additional red flags, including:
Find more of our coverage on MLMs’ income claims here.
Our Ad Alerts are not just about false and deceptive marketing issues, but may also be about ads that, although not necessarily deceptive, should be viewed with caution. Ad Alerts can also be about single issues and may not include a comprehensive list of all marketing issues relating to the brand discussed.
How is #1 defined?
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