Month: April 2018

Amway Legal Battles

Legal blogger

Amway has been in business for over 50 years. And just like many other companies that have been around for that long, they have had their fair share of legal issues. Of those legal battles they have had, most of them are about product liability or distributor disputes. However, not one of those legal battles has affected the tremendous growth that has occurred within Amway.

As an example, in 1997, Amway sued a polish film maker for libel. The film, Welcome to Life, purportedly defamed Amway, showing a misleading and libelous version of what muli-level marketing was all about. Amway Poland was able to obtain an injunction, preventing the film’s release, and subsequently Amway won the lawsuit.

Other relatively minor legal battles have involved some Amway distributors using copyrighted music on promotional tapes – these usually do not affect the company as a whole and most have been settled out of court. But another type of legal battle gets at the heart of what MLM is…

**Landmark decisions**

Is MLM, and Amway specifically, a pyramid scheme? In other words, is the business model illegal from the start? This is when the big time legal battles started. Losing a challenge on this subject would mean, not just fines, but a complete shutdown of operations – maybe even jail time.

Well, in 1977, Amway was subjected to just such a challenge. The US Federal Trade Commission (FTC) started investigating Amway for deceptive business practices and the charge was essentially one of operating a pyramid, or Ponzi, scheme.

The crux of the issue was this, was Amway trying to make money just from recruiting distributors or was the main business model to sell products. This is a serious charge in a serious venue – the FTC had the power to completely shut Amway down.

After over two years of investigating, the FTC ruled that the Amway business model was legit. They did criticize some of the business practices, and Amway changed some of its sales materials as a result. But the ruling was clear – there was nothing illegal about MLM and network marketing.

This one single decision by the FTC save the network marketing industry as a whole. With the validation of the FTC, network marketers could finally claim what they had always known – MLM isn’t a scam, or a deceptive business practice. Instead, it is a legitimate way to sell products and grow individual businesses.

Another win

Proctor and Gamble, Amway’s main competitor, brought suit in 1995, claiming that Amway had allowed its telephone messaging service (AmVox) to be knowingly used to harm P&G. The claim was that rumors that P&G was a Satanist organization had been spread over this service and that the company’s reputation had suffered damage because of this.

After almost a decade in the courts, and lawsuits in multiple States, the case was dismissed in 2003. P&G did win money against four individual Amway distributors in Utah in 2005, but the Amway Corporation remained untouched by the slander.

**Foreign legal battles**

While the legitimacy of the MLM model was proven in the US, occasionally, the same issue has been raised in other countries. Because Amway Global is actually global in scope, these are of interest.

2006 – India started action against Amway under their version of Ponzi scheme laws. While the case isn’t entirely settled, Amway still does business in India and has won against some of the injunctions placed upon it. The original case is still pending, but in the past four years, no grounds have been found to move forward.

2007 – British authorities brought an action against Amway for what were called, “objectionable practices.” The Department of Trade and Industry (the UK version of the FTC) has the power to shut down operations and this was a serious matter. In 2008, the investigation was complete and Amway was found to have violated no laws in Britain.

**A settled issue**

With the results in, the question of whether Amway is a pyramid scheme or not is settled. Challenges to the MLM business model have been mounted, not only in the US, but several other countries. In every major legal battle, Amway had won.

Network marketing remains a viable and completely legal way to do business. In the new millennium, with the rise of the Internet, it may in fact be one of the best ways to do business. Amway has proven their model over and over again – both in the courts and on the ground. If you wish to partner with Amway, rest assured there is no pyramid scheme, no Ponzi operation – just an exciting opportunity.

The Legal Status Of Creatine

Legal blogger

In recent years there has been a lot of discussion in the about performance enhancing substances. We have learned that several of our sports celebrities were using steroids, pre-steroids, stimulants, and other substances. It’s easy to understand why people would be distressed over this.

First, many people think of it it as unsportsmanlike. Athletes are using these substances to give themselves an advantage over their competition.

Second, many of these substances have unsafe side effects. The hazards of steroids are infamous. Stimulants have their own group of harmful side effects.

Third, it sets a bad example for young people. Young athletes observe their sports heroes using these substances and come to think that they should take them too, disregardless of the health consequences.

Some people have classified creatine with these substances, but I think that is an error. In this article I’ll talk about the legality of creatine, and how it’s different from other performance enhancing substances.

Creatine Is Not A Prohibited Substance
Creatine has not been banned by the NBA, NFL, MLB, NHL, NCAA, or International Olympic Committee. The NCAA prohibits associated schools from distributing creatine, but doesn’t ban athletes from using it. I am aware of no sports governing body that has banned the use of creatine.

Creatine Is Food
In the U.S., creatine is categorized as a dietary supplement, not a drug. It’s treated as a food, and doesn’t have to meet the drug requirements of the FDA.

Unlike other supplements, creatine is naturally found in food. Meat is the main dietary source. If you ate a lot of meat (for example, a pound of pork a day) you could get quantities of creatine to akin to using a supplement. The chairman of the International Olympic Committee’s medical commission, Prince Alexandre de Merode, has said:

“Creatine is food, and there is no reason to ban it. We don’t tell people that they can’t eat eggs or bread. You can’t exaggerate, because it’s not comparable to steroids.”.

Creatine Doesn’t Give You An Unfair Advantage
Unlike steroids, you can not get artificially high levels in your body. Your muscles can only hold a limited quantity of creatine, and any extra you take gets removed by your liver and kidneys. Each person has a limit to how much creatine their muscles can hold, and there is no known way to alter that.

Depending on what you eat, you may already be close to the maximal level. People who consume a lot of meat already have elevated levels of creatine. Vegetarians tend to observe more benefit from supplementation because they do not obtain much creatine in their diet.

Many supplements are high-priced. The argument can be made that their use is unfair because only wealthy athletes can afford them. Creatine is very low-cost. You can obtain a year’s supply for below $20.

Creatine Hasn’t Been Shown To Have Dangerous Side Effects
Creatine has numerous anecdotal reports of side effects, but none have been seen in research. Even the most usually discussed side effect, cramping, has not been observed in studies. Top researchers of creatine think that creatine is safe for long term use, when using the recommended dosing. Side effects are most frequently reported when using quantities greater than the recommended dose. Be intelligent. Use a small dose (2.5 to 5g per day) one month on, one month off, and you will likely never experience side effects.

Creatine Cannot Be Tested For
Even if sports associations wished to ban creatine use, testing for it would be difficult. Eating a lot of meat would give you similar blood levels to using a supplement. The IOC’s sub-commission on doping has expressed that testing would be problematic, because it could punish athlete’s who have naturally high levels of creatine.

How to Hire Personal Injury Legal Help

Legal blogger

Those who find themselves injured on the job or even injured in another situation will need to make sure that they have legal help on their side. There are a number of different Bay City personal injury attorneys that will be able to handle any job effectively. Use this guide in order to learn how to locate the very best option to get through the situation as quickly as possible.

Most of the time, these cases are held outside of the court room. The individual who has been injured will have a legal representative with them at all times so that the proper decisions can be made. If a settlement agreement cannot be reached, everything could be lead into the court room so make sure to keep that in mind.

Look into the various firms around the area that may or may not be able to provide the right assistance. It will be up to the individual to determine who they want to work with and who they should stay away from. Read various reviews and talk with various individuals to find out what they might recommend.

Tap into other resources that will offer help on more information. This can be a difficult time, but there will always be someone to assist the victim and make sure that they are properly taken care of. Look around and talk with other people to make sure that the necessary steps are being taken.

Now is the time to start looking for Bay City personal injury legal help. There are many people that have been able to get in touch with top resources. The sooner that the victim talks with the services that they need, the sooner they will be able to get their settlement and get on with life and start putting the past behind them.

Bay Justice Associates, P.C. an experienced and aggressive attorney for your Bay City personal injury and criminal representation. ()

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Legal blogger

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Obtain A Legal Divorce Offshore Without Your Spouse’s Consent

Legal blogger

The development of the global economy has resulted in more frequent travel to foreign countries by people around the world. While international marriages used to be uncommon, today they are nothing unusual. Millions of people travel or move to other countries, develop relationships and marry. Unfortunately, obtaining an international divorce is not such a simple matter.

One of the biggest problems you might face in trying to obtain an international divorce involves obtaining the consent of your spouse. In some cases, spouses agree a legal divorce is what’s needed to move on with their lives. Once divorced, individuals regain their single status for tax filing purposes. If one or the other wants to start a business, a divorce could be advantageous, and it’s a necessity if either spouse wants to remarry. When both spouses are in agreement about the divorce, it’s considered a bilateral divorce.

In many cases however, a bilateral divorce is not possible. If you or your spouse have lived in one or more different countries since separating, it’s possible you’re out of contact. In some cases, losing contact is deliberate, as in the case of a spouse who’s trying to avoid paying child support or alimony. In other cases, it just happens.

It’s also possible that you’re in contact with your spouse, but he or she refuses to consent to divorce. This could be due to spite, a false hope for a reunion, or an effort to try to avoid paying alimony or dividing property. A divorce without mutual consent is called a unilateral divorce, and it’s possible for you to obtain one regardless of your own or your spouse’s country of residence.

The quickest, easiest way to obtain a unilateral divorce is to travel to Haiti to obtain a divorce decree. Haiti is the only offshore divorce option if you’re unable to obtain your spouse’s consent for divorce. You will need to travel to Haiti to appear in court, however, there are no residency requirements. Public notices informing your spouse of the impending divorce are posted in Haiti, but if no reply is made to the court within twenty-one days, a default judgment is issued granting the divorce.

Although obtaining a unilateral divorce is a straightforward process in Haiti, it’s important to determine whether or not your divorce will be recognized in your country of residence. Although bilateral divorces obtained overseas are usually recognized by foreign courts, this isn’t always the case with unilateral divorces.