LegendaryLife Blog

I decided to do a little research online regarding my (so far), two cease and desist orders originating from Mannatech’s legal department and guess what, they sent the same identical letter to others as well! Each time, to people who disprove or question the validity for their sales people’s claims that their products cure diseases and illness. Same situation, the blogger writes that their products are essentially a scam, a Mannatech representative says the opposite and voila, Mannatech’s legal department springs into action against, no, not the Mannatech representative telling their lies but the person who put into question their products. I am seeing a pattern here.

Background story regarding my joy of Mannatech here:

• Mannatech cease and desist… again!
• Mannatech sends me a cease and desist
• Mannatech: Overpriced Sugar Pills
• Mannatech Strikes again with Holy Water!
• Herbal Remedies’ aren’t without risks

First question, am I legally liable for comments posted on my blog?

Technically you are not liable for blog comments/forum posts on your site posted by others. You are responsible and liable for comments that you make, but it is very difficult to prosecute or pursue, primarily because of jurisdiction. The Internet is global and there is not one single governing force. Not only is the location of the blogger/poster a factor but the  location of the web host and the laws that govern their locations are a factor.

Source: http://businesscommunicationblog.com/newsletters/?p=43981

Makes sense… I agree Mannatech is barking-up the wrong tree, their threats are as empty as their distributor’s promises.

Where Mannatech learned about Cease and Desist letters…

http://www.rickross.com/reference/mannatech/mannatech49.html

Now I know where the idea for Cease and Desist Orders comes from… the SEC! It seems that the seeds they have sowed all these years are finally starting to sprout weeds!

Mannatech’s SEC problems are on top of a complaint filed by the Texas attorney general’s office last year. In July 2007, the attorney general filed a lawsuit accusing Mannatech of exaggerating the therapeutic benefits of its products for people with cancer, Down syndrome, cystic fibrosis and other serious conditions. That suit is pending in Travis County District Court. Mannatech CEO Wayne Badovinus acknowledged last quarter that dealing with the attorney general’s complaint, as well as related shareholder lawsuits, was taking a financial toll on the company.

This is starting to make sense, they are covering their ass as much as possible with these legal orders as they face an increasing amount of lawsuits based on the practices of their distribution channel.

Deja vue?

Here is a great link to somebody who had exactly the same situation happen to them! Mannatech lawyers go after him instead of commentators working for Mannatech and accuse him of something he never did! I sent his response to Mannatech as well, it’s fantastic! Peter’s response is a very good read – well worth it!

I thought I had made this clear last year when I received a similar complaint from you. I do wish that you would actually take the time to read the page you are complaining about, but just in case you can’t do that I will reiterate what I said last time (and which appears on that page).

At no place on my site do I state, suggest or imply that Mannatech nutritional products prevent, treat or cure disease, or state, suggest or imply that Mannatech nutritional products are a substitute for a doctor’s standard of care. I would not do either of these things because I do not believe that such statements would be true. I do not care what Mannatech’s policies are with regard to such statements because I am not a Mannatech distributor.

Before you write to me again with complaints about things I do not do please try to read my clearly expressed opinions about Mannatech. You only make yourself look foolish by displaying a total lack of comprehension.

Again, I would like to thank you for implicitly informing me that Mannatech products have no role in the prevention, treatment or cure of any disease and that they do not provide an alternative to professional medical care. I will cite this to Mannatech distributors who contact me with anecdotes suggesting otherwise.

As is my usual policy, your email and this reply will be published on my web site.

I have a wish

I wish that Mannatech would spend a few million dollars and perform a clinical, double-blind study relating the the effectiveness of their products… so far, they have a legal department that is unable to comprehend their mother tongue and sales people who must believe their own lies in order to sustain their financial health. I see nothing positive nor progressive coming out of Mannatech. Please perform this completely unbiased study so you can implode.

Here is a fantastic article by ABCNews, Cure for Your Disease or Empty Promises?

The Bottom Line

You reap what you sow.

Apparently Mannatech’s lawyers still do not know how to read English, think that their web compliance policy applies internet-wide and freedom of speech is as worthless as their own products . I wrote repeatedly that Mannatech’s products have never been proven to work but Mannatech’s own sales people write that it cures everything known to man. They go after the guy speaking the truth in order to maintain their web of lies.

I wrote about Mannatech previously here…

• Mannatech sends me a cease and desist
• Mannatech: Overpriced Sugar Pills
• Mannatech Strikes again with Holy Water!
• Herbal Remedies’ aren’t without risks

Now, let me prove my point, first a little background, this is not me but outlines how Mannatech works.

• Using the term nutraceutical implies that the product has a demonstrated physiological benefit or provide protection against a chronic disease without having to PROVE nor back-up this statement with fact (in other words, it’s marketing BS). Demonstrated isn’t fact, it’s a very subjective and “blurry” word.
• Mannatech’s products are sold around the world, they are A BIG COMPANY
• Mannatech is a MLM (Multi-Level Marketing) company, not a pharmaceutical one
• Sales people only profit by recruiting others to sell their products, something that sales people selling REAL health products such as drugs wouldn’t be able to do unless they had a license and education to back them up.
• 90% of the distributors in a MLM scam leave within the first 90 days

Interesting video huh? Here is what happens, one person says something bad about the company

(from fotwunny (1 month ago))

my mother got involved with this crap!…it’s insane…It was all she talked about for about 2 years..she thought she was going to be making 6 figures while doing something good…..she ran herself ragged and made nothing after expenses

… and you guessed it, somebody from Mannatech says that it cures diseases etc.

Alright, let’s hear from a Mannatech distributor

• She has seen the Mannatech fallout after Texas Attorney General and ABC News Interview about how much bullshit Mannatech’s sales people where shoveling in the name of religion in order to sell their products, promising that it would cure AIDS, Cancer and everything else under the sun
• “The rules have changed, this can happen to any company.” What she doesn’t say is that you cannot make a health claim without backing it up with FACTS which Mannatech hasn’t been able to do. They were also caught red handed lying to sell their products, so yes, if you run a company based on lies, I sure as hell hope that the government cracks down onto you!
• “Don’t lead with the company, don’t lead with the product, lead with yourself”… so in other words, put your own reputation on the line because Mannatech’s products can’t hold water (Tensa Water no less) on their own, no scientific data, no scientific work, just a MLM scheme that works on ignorance and greed.
• “People don’t buy companies or the product until they buy you”, I sure hope she doesn’t work for Nike, Fiat or any other company out there. When the company you stand behind has no value and depends on YOUR PERSONAL VALUE for a sale, you know you are in big trouble!
• I completely tuned-out after 4 minutes of her babble filled with MLM and “get rich quick” keywords

Now, let’s look at the comments

5/5/2009

TO: Jonathan

RE: Impermissible Use of Health Claims Attributed to Mannatech Products

http://blog.legendarylife.com/mannatech-strikes-again-with-holy-water/comment-page-1

Dear Jonathan:

This is a final reminder concerning a critical issue about your website which
requires your immediate attention. We have previously asked you to permanently
remove any statements which are or could be construed to be unauthorized health
claims. The statements made on your website are contrary to Mannatech policy.

Demand is hereby made that you immediately remove from your website any
statement or reference which (i) states, suggests or implies that Mannatech
nutritional products prevent, treat or cure disease, (ii) states, suggests or
implies that Mannatech nutritional products are a substitute for a doctor?s
standard of care, and/or (iii) is in any manner in contradiction with
Mannatech?s existing policies and procedures. Demand is further made that you
refrain from engaging in this activity in the future.

If you have not already done so, you have three (3) days from the receipt of
this letter to send the undersigned written confirmation stating such statements
and/or references have been removed from your website and that you will refrain
from engaging in this activity in the future.

This issue is very important to us, and we are sure you understand our
concerns. We are monitoring your website, and failure to fully comply may result
in legal and compliance action up to and including litigation in which Mannatech
will seek injunctive relief, damages, attorney?s fees and costs as allowable
under Texas law. Mannatech will undertake all actions necessary to secure your
compliance.

We thank you for your assistance if you have already complied with this
demand. If you have yet to fully comply, please take advantage of this final
opportunity to comply and avoid further action being taken by Mannatech.

Nothing herein shall be construed as a waiver of any rights Mannatech has at law
or in equity, all of which are expressly reserved.

Your prompt attention and cooperation in this matter are greatly appreciated.

Respectfully,
Mannatech Legal, Ethics & Compliance Department

Mannatech sells sugar pills (yes, they admit it) or “heavenly” Tensa water and it seems I have irked their legal department (letter below). What I find ironic is their own letter is basically stating that their own products aren’t a cure, only good for general health (which is what I have been essentially saying from the beginning). They apparently don’t like the fact that their sales, distribution and marketing people are saying how much Mannatech cured, saved and improved their health. So, they come after me who is basically stating the opposite. Ironic.

————————
TO: Jonathan

RE: Impermissible Use of Health Claims Attributed to Mannatech Products
1.36.1027

http://blog.legendarylife.com/mannatech-strikes-again-with-holy-water/comment-page-1

Dear Jonathan:

We previously contacted you requesting your assistance on a critical issue concerning your website. We have requested and made formal demand that you immediately remove any statements from your website which are or could be construed to be unauthorized health claims which go beyond stating that Mannatech nutritional products promote the maintenance of health and general well-being. The statements made on your website are contrary to Mannatech policy.

Demand is hereby made that you immediately remove from your website any statement or reference which (i) states, suggests or implies that Mannatech nutritional products prevent, treat or cure disease, (ii) states, suggests or implies that Mannatech nutritional products are a substitute for a doctor’s standard of care, and/or (iii) is in any manner in contradiction with Mannatech’s existing policies and procedures. Demand is further made that you refrain from engaging in this activity in the future.

We remain confident you understand our concerns and also appreciate that it is imperative that you promptly comply with the demand to cease and desist, and to document your compliance in writing within five (5) business days of the receipt of this letter. If you have already complied with this demand, we thank you and appreciate your cooperation.

Nothing herein shall be construed as a waiver of any rights Mannatech has at law or in equity, all of which are expressly reserved.

Your prompt attention to this matter is greatly appreciated.

Respectfully,
Mannatech Legal, Ethics & Compliance Department
————————

My answer to them is very straight forward, learn how to read. Each of my article states that their products are no different than a sugar pill or water. What they need to do is send this letter to their sales people who are doing the exact opposite, stating that it helps cure cancer and every other disease or ailment out there… again, I didn’t write any of this, Mannatech distributors and sellers have and continue to do so.

Background Articles

I really get annoyed at companies out there that promote garbage as science, especially when they use religion as their “handle”. I do not hate Mannatech, I just wished these companies, like many others, actually performed a double-blind clinical study proving or disproving the effects of their products. If there is something in their product that actually does cure diseases, then the world should know about it but their entire approach of “corporate” saying one thing and “marketing” saying another just irks me.

• Mannatech: Overpriced Sugar Pills
• Mannatech Strikes again with Holy Water!
• Herbal Remedies’ aren’t without risks

Tensa Water?

What I find funny is that if you do a search for Tensa Water, all the result, other than my blog article, sell the “merits” of Tensa Water while I am the lonely one doing otherwise (though with heresay from their representatives stating how wonderful their product is within the comment section). (image below)

Google Tensa Water results

I figured it was only a matter of time before some people in the old establishment feared for their own livelihood and reputation when something new comes along that provides a better experience then what they are able to provide.

The experience with WoodMarvels.com

When I first launched woodmarvels,com, I had a number of haters, wood crafters hated the site because we provided blueprints and 3D animation for at an 80% discount to their “old” mail order businesses. Gone where the days of overpriced blueprints that took a week to receive in the mail. I saw messages saying “computer created blueprints are a dime a dozen”, “a real wood crafter doesn’t use computers”, “how can you build something without measurements!” and so on. What can I conclude? The haters out there seeing their livelihood which failed to evolve with the times facing obliteration, they are too lazy to learn how to create things in a computer which is far more efficient method (including environmentally friendly) but too entrenched in old methods of doing things. Other people support the site, it provides to them exactly what they need and want.

Experience with the International Association for the Study of Dreams

Here is an association that, to me, should be very welcoming of different and novel new ways of doing things… boy was I wrong! I posted a message on their forum that was full of anonymous posters helping others to interpret their dream that dreamclue.com is now available to them. The response? They deleted my post without even an explanation, not once but twice! I did the same on wikipedia with the same result. I can only conclude that dreamclue.com is their worst nightmare which they wished never saw the light of day! I had sent an e-mail to Dr. Van de Castle asking him to check dreamclue.com out to get his feedback and the response I got wasn’t what I was expecting.

“Dear Jon… In general, I’m not supportive of any approach to dreams in which a dictionary approach is made, and I don’t feel that represents a dynamic approach. To me, dynamic means an approach in which the dreamer’s individual and unique personality features are carefully examined in a way that the multilevel strands of meaning are carefully interwoven . ARBITRARILY TELLING anyone what their dream means is considered an unethical procedure, as you will note if you examine the ethical statement of our organization. The International Association for the Study of Dreams [ www.IASDreams.org ] ONLY the dreamer is entitled to say what their dream means . I am sending a copy of this response to our chair person in charge of ethics, so that she will be aware of your new venture, Sincerely, Robert Van de Castle , PH.D”

I thanked him for his time in my reply but to me there are a few points that he has failed to realize about dreamclue.com:

1. we are only providing ideas as to what a symbol means, it’s always up to the end user to decipher what the dream means to them, the first block of text on our home page clearly states this. Not only that, the journal available to members provides a field for just such a thing!
2. their own forum is full of strangers actually TELLING other strangers exactly what their dream means WITHOUT the systematic approach he preaches, yet their postings are not deleted like mine was.
3. there are “professional dream interpreters” out there charging 20 to 200 dollars AN HOUR to provide dream interpretations, selling tapes and books that cost a kings random. How the hell is this considered ethical when there is now a FREE, dynamic alternative with dreamclue.com?
4. we provide a feedback mechanism for others to post what a dream symbol meant to them, the term “arbitrary” is a term I consider an insult given the foundation that dreamclue.com is built upon.

Economic motives in maintaining the status quo

Now, I can’t blame them for hating what dreamclue.com represents, they make thousands of dollars a year selling “memberships” and have a vast store selling any and everything to do with dreams no matter how hookey they seem. Here, I am, a person providing a free alternative… I can’t blame them for deleting my posts within minutes of me posting on their site. I guess, if I was in their shoes, I would be shaking and hoping word didn’t get out too!

My challenge to dream interpreters the world over!

I challenge ANY “professional dream interpreter”, psychotherapist, metaphysician, psychologist, psychic, astrologist or otherwise to PROVE their books or sites helping others with their dream interpretations are any better then dreamclue.com. PROVE to me the superiority of your methods using the scientific method, otherwise, don’t even try to elevate yourselves above what dreamclue.com provides to its users.

The problem with the dream industry

Like the diet and health industries, the dream interpretation industry is ripe with gouging consumers in order to maintain the “professionalism” of this field. A field that is ripe with predators looking for a quick buck and creating dependent relationships that benefit only their pocket books. The dream industry should be open to new ideas and methods of doing things, not turning a blind-eye and discounting viable alternative out there. My goal is to provide tools that help people find out more about themselves, ultimately, to be self-reliant. This is exactly what this industry and many others I plan on conquering fear.

The Bottom Line

Waves are good… especially the ones you create yourself!

There are few things that get me going like multi-level marketers, “success coaches” and generally those who prey on the hopes of massive wealthy by those in this world least able to afford expensive programs that teach nothing but prolonged servitude.

The problem with these types of individuals

Not sure where to start but here is my run-down of why these type of people are not only a complete waste of time, but detrimental to your personal success in life.

Shifting the Power Balance

Let’s say you get yourself a success coach and you begin to see some changes in your life as a result, is it due to the success coach or yourself? The reason why I ask is that as soon as you find your “fortress of me”, you no longer need these people. They are like the Weight Watchers of the “success industry”, they tell you just enough to see things improve but don’t tell you everything because, to be quite frank, they need a job at the end of the day. Work on yourself, within yourself and onto yourself and success will come… give this inner power to somebody else to manage and you will always have this noose around your neck of which there is no escape. If you haven’t found this power within you yet… don’t give somebody else the remote control to your life when you are most vulnerable, that will simply create dependence instead of independence.

Waste of Money

These “success coaches” are like the psychics of the 21st century, they can promise absolutely nothing and it will forever be YOUR fault of you do not succeed. What? You didn’t double your income in 90 days or experience the extreme success that their tapes, CDs and books promised you? Well, hey, it isn’t their fault… it’s yours… and they are laughing all the way to the bank. They are in the business of making themselves money, NOT you. If you make money, it’s because you always had it in you, it would have happened without the “success coach”… believe in yourself, save your money, invest into your future and you will be far wealthier and happier. These guys aren’t cheap neither, you can easily spend a thousand dollars within a few months and having nothing more to show for it then a smaller bank account. Ask yourself, why do they all seem “so rich” with huge mansions, yachts and exotic cars? Well, get a few clients paying you a few thousand to teach them “success” and you too can seem successful. These guys are slicker then a used car salesmen of a bygone era… be EXTREMELY cautious.

The industry of “coached wealth and success”

Let’s say your life sucks, you have a job you hate, in debt and many broken relationships… the last thing you need is somebody to motivate you out of your rut. I believe you MUST hit bottom to realize, in the end, how lucky you are and dig your own ass out of the pit you created for yourself. There is an entire industry geared towards making money off your depraved situation, like obese people in the weight loss industry, there is an endless cycle of dependence where one profits off the others continual demise. Don’t get sucked into the hype and promises and you will be fine, otherwise, you will become a statistic.

Nobody cares about you but yourself

I have stated this several times throughout this blog, nobody cares as much about YOU as, well, YOU! If a success coach comes to you offering their services, tell them you have no money and that you where wondering if they could work on you for free. If they say yes, that means, free… meaning they give you the tapes, they phone you weekly to see how you are achieving your milestones… my bet is they will think of some excuse as to why this isn’t possible after a few weeks (if they last that long). If you can’t be bothered to invest in yourself both physically and emotionally, don’t expect paying money to make this happen will provide any better results.

Multi-Level Marketers

If you thought success coaches where scary, I hope you haven’t bumped into multi-level marketers… these guys come from deep under rocks selling you worthless products at “steep discounts” that aren’t worth the ink their contracts are printed on. These are the likes of HerbalLife, Mannatech and AMWAY… they are like flies at many real business networking events, trying to catch their next big fish. If somebody ever approaches you with a “home based” opportunity, please do yourself a favor and run the hell out of their sight. They are what nightmares are made of.

The Bottom Line

If somebody promises you the world, show them the door.

Please check out my confrontation with a Mannatech Representative – the results, they never came back after spewing their lies on my blog.