Considering that Avon is the #1 company in global revenues in the entire Network Marketing / Direct Sales industry with over $11 Billion in annual revenues, the offer does look ‘dramatically low’ to me, at least on the surface.

Beauty Company Coty said on Monday that it had offered to buy Avon Products for $10,000,000,000 and was willing to raise the price, but the bid was rejected by the cosmetics direct seller, which faces sliding sales in key markets and a bribery probe.

Coty, whose products include fragrances by celebrities including Beyoncé and Lady Gaga, said it had no plans to make a hostile bid, but had been “unsuccessful” in getting Avon to talk about a deal.

The fast-growing privately held company majority-owned by Joh. A Benckiser, is offering $23.25 per share, a 20% premium over Avon’s Friday closing price of $19.36 on the New York Stock Exchange.

In a statement on Monday, Avon rejected the offer, saying it “substantially undervalues” the company.

But analysts said Avon’s board should not dismiss the bid out of hand, given the company’s problems.

“It’s an opportunity that the board should seriously consider,” said Sanford C. Bernstein & Co analyst Ali Dibadj. Except for perhaps another direct seller, he added, there are few potential suitors for Avon.

Coty’s bid is not “dramatically too low,” he said, predicting Coty will come back with a higher offer.

Avon is searching for a new chief executive officer to replace Andrea Jung, who has held that post since 1999. It has said the new CEO will undertake a top-to-bottom review of the struggling company, which is dealing with a probe into whether it broke U.S. anti-bribery laws in China.
At Friday’s close, shares of Avon were down nearly 50 percent from a year and a half ago. Before Coty made its bid public, Avon was worth only about $8 billion, down from an all-time peak of $21.8 billion in June 2004.

For the rest of the article, visit CNBC.com


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$16,245,799.70 = 16 MILLION PLUS CHANGE, BUT THEN IT GETS SCARY

Mar 15 2012 We all knew that this was coming but there is a big shock in this case!  The Judge referenced Section 5 of the FTC rule which is used for Pyramids! OK That was expected!  Then he goes on and quotes the NEW BUSINESS OPPORTUNITY RULE!  QUOTES WORD FOR WORD!

 READ IT WORD FOR WORD FROM THE FTC FIRST ONE ONE THE TOP WE WILL HAVE THE WHOLE SHORT CASE UP ON THIS PYRAMID HIT IN A DAY

The  legal issues part of the Association of Network Marketing Professionals last week decided that we should not complain to the FTC about the new Business Opportunity Rule.  Now we know why the FTC did not want to send a representative to the ANMP meeting!  The FTC was planning to tie Pyramids and the Business Opportunity Rule together with this court case.

NEVER LET THE GOVERNMENT HAVE TOO BIG A HAMMER – TOO BIG A HAMMER HITS INNOCENTS!

 PRESS RELEASE BURN LOUNGE CASE

FTC Action Leads to Court Order Shutting Down Pyramid Scam Thousands of Consumers Burned by BurnLounge

Mar 15 2012 At the request of the Federal Trade Commission, a U.S. district court judge has ordered the operators and top promoters of a deceptive pyramid scheme to pay a total of $17 million to refund consumers who were burned by the scam. The court order permanently halts marketing methods used by the operation known as BurnLounge, which lured more than 56,000 consumers from around the country by masquerading as a legitimate multi-level marketing program and making misleading claims about earnings to be made.

The FTC filed a complaint against BurnLounge in 2007 as part of its ongoing efforts to protect consumers from fraud and deception. BurnLounge had touted itself as a cutting-edge way to sell digital music through multi-level marketing, but music sales accounted for only a small percentage of its sales. The agency charged that BurnLounge recruited consumers from across the country by telling them that participants earned huge incomes. Investors could buy into the BurnLounge organization for prices ranging from $29.95 to $429.95, plus monthly fees. While participants were compensated for music and album sales, most compensation came from recruiting others into the plan.

The FTC charged the defendants with operating an illegal pyramid scheme, with making deceptive earnings claims, and with failing to disclose that most consumers who participated in pyramid schemes wouldn’t receive substantial income, but instead would lose money. The agency charged that the practices violate federal law.

The court’s final judgment and order bars the defendants from engaging in pyramid, Ponzi, or chain letter schemes or any schemes in which compensation for recruitment is unrelated to the sale of product to customers who are not participants. The order bars misrepresentations about multi-level marketing operations or business ventures, including misrepresentations about sales, income, profitability, or legality of the operations. If the defendants make claims about earnings, sales, or profits, the order requires them to disclose the number and percentage of participants in the business venture who have earned, sold or profited that much.

Finally, the court ordered the defendants to pay, collectively, close to $17 million for consumer redress. BurnLounge, Inc., and Juan Alexander Arnold were ordered to pay $16,245,799. John Taylor was ordered to pay $620,138 and Rob DeBoer was ordered to pay $150,000. Standard bookkeeping and record keeping requirements in the order will allow the FTC to monitor compliance.

In June 2007, another defendant in the pyramid scheme, Scott Elliott, settled the FTC’s charges against him. The settlement barred him from participating in any pyramid scheme or other prohibited marketing scheme, barred false earning claims, and required him to give up $20,000 in ill-gotten gains.

This case was filed in U.S. District Court for the Central District of California, Western Division.

 

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In a lawsuit between Max International and Mike Unclebach, Scott Unclebach and Enhance International  is at a standstill. Max  had filed a Temporary Restraining Order”  (normal but in this case too slow the court said)  in an attempt to stop Enhance International  prior to the launch of the company on March 27th  from contacting any former Max Distributors.  The TRO  was thrown out by the 3rd District Court  last Wednesday  in Salt Lake City. 

The Order clearly noted ” Furthermore the court does not find sufficient evidence that the Defendant have used confidential or trade secret information where much of the claims are assumptions as to what has happened or supposedly done by Defendants “  Defendant Scott Unclebach and VP of the defendant corporation Enhance International stated “  We are pleased with the Court ruling and  look forward to all truth coming out in this case.

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New Company Bioceutica Shows Death Dive

CLICK: SEE DEATH DIVE HERE

570 down to 334 in a month

The Bioceutica has gotten several “we are owed money complaints” since the Trump Network sold the company to Antoine Nohra of Credico Marketing. The old Ideal Health ownersTodd and Scott Stanwood and Lou DiCaprio stepped down to become independent reps with the new owner. The new name is “Bioceutica.”The Trump name is totally gone! 

 

The history is in 1997, Ideal Health started (and never got good traction) When Donald Trump came in 2009.  At the height the Trump Network had about 20k Distributors.

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HERE IS A GOOD ANALYSIS from MLM COUNSELOR
Jeffrey A. Babener


73 FR at 16123.
And true to its word, the FTC’s Final Business Opportunity Rule provided for a specific exemption from the triggering third prong of a “business opportunity” in which a company provides outlets, accounts or customers to those involved in the opportunity … going a long way, but not far enough to encompass the services provided to MLM distributors:

   Section 437.1(m)
   Providing locations, outlets, accounts, or customers means furnishing the prospective purchaser with existing or potential locations, outlets, accounts, or customers; requiring, recommending, or suggesting one or more locators or lead generating companies; providing a list of locator or lead generating companies; collecting a fee on behalf of one or more locators or lead generating companies; offering to furnish a list of locations; or otherwise assisting the prospective purchaser in obtaining his or her own locations, outlets, accounts, or customers, provided, however, that advertising and general advice about business development and training shall not be considered as “providing locations, outlets, accounts, or customers.”

However, the FTC specifically rejected requests by the industry to extend the exemption to otherwise typical assistance provided by almost all leading MLM/Direct Selling/Network Marketing Companies, including replicated websites, referral of customers, lead generation, etc. In failing to call out in the Rule its intent to not cover MLM opportunities or to further exempt typical MLM Company assistance, prong three is triggered, and the industry is left vulnerable. In fact, at page 83, footnote 222, the FTC specifically noted such industry raised concerns, although ultimately granting no specific exemption relief in the Final Business Opportunity Rule:

   222 E.g., Avon-RNPR at 3 (noting that this practice is designed to help potential customers find a sales representative, not to help sales representatives find potential customers); Mary Kay-RNPR at 7 (suggesting that merely providing the ability to search for a sales associate on the company’s website should not trigger the “providing locations” factor of the “business opportunity” definition); DSA-RNPR at 5; MelaleucaRNPR at 2.

In the end, the FTC did not grant the exemption relief that the MLM/Direct Selling/Network Marketing industry was seeking. In the future, enforcement will clearly be in the discretion of FTC staff and not in the control of the industry. If any comfort was to be offered by the FTC, it was to be found in the FTC discussion of the standard it may choose to enforce or not enforce its new Rule against MLM/Direct Selling/Network Marketing companies that offer typical non-exempted business assistance to distributors, i.e., the significance of assistance in inducing a potential distributor to enter the business:

   The Staff Report noted a concern with narrowing the definition in the ways the commenter suggested, because it would allow promoters of fraudulent schemes to craft their sales pitches carefully to evade the Rule. The staff disagreed with commenter who recommended excising the word “customers” from the definition or diluting it in some fashion. Instead, the Staff Report recommended that the Commission continue its longstanding policy of analyzing the significance of assistance in the context of the specific business opportunity, focusing on whether the seller’s offer is “reasonably likely to have the effect of inducing reliance on [the seller] to provide a prepackaged business.” (at page 85.)

WHOLE ARTICLE BY COUNSELOR BABNER

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