This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Torts
Unfair Business Practices
Income Misrepresentations

Federal Trade Commission v. Herbalife International of America Inc.; Herbalife International Inc.; Herbalife Ltd.

Published: Aug. 27, 2016 | Result Date: Jul. 25, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 2:16-cv-05217-BRO-GJS Settlement –  $200,000,000

Court

USDC Central


Attorneys

Plaintiff

Daniel O. Hanks
(Federal Trade Commission)

David Shonka
(Redgrave LLP)

Christine M. Todaro

Janet Ammerman

Barbara Y.K. Chun
(Federal Trade Commission)


Defendant

Douglas Axel
(Sidley Austin LLP)

Nitin Reddy
(Sidley Austin LLP)


Facts

The Federal Trade Commission filed a complaint against Herbalife International of America Inc., Herbalife International Inc., and Herbalife Ltd., in connection with Herbalife's allegedly unfair and deceptive marketing practices.

Contentions

PLAINTIFF'S CONTENTIONS:
The FTC filed a complaint against Herbalife to obtain permanent injunctive relief in connection with Herbalife's allegedly deceptive marketing acts or practices. Herbalife allegedly ran a pyramid scheme by telling people they could become rich by selling Herbalife supplements. In reality, those people earn little money or none at all.

Result

The parties reached a settlement in which Herbalife agreed to certain injunctive relief, and agreed to pay $200 million for consumer redress. Additionally, Herbalife must face sanctions, including significant restructuring.

Other Information

According to the defense, the terms of the settlement do not change Herbalife's business model as a direct selling company and set new standards for the industry.


#120035

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390