Showing posts with label endorsement. Show all posts
Showing posts with label endorsement. Show all posts

Saturday, May 25, 2019

IPro Sued by SEC as Alleged Pyramid Scheme

Back in July 2017, I had serious reservations about the amount of PR crap put out by IPro supporters, who claimed everything from ex-Shark Tank guy endorsements to the typical "we have a lawyer so it's not a scam" retorts.

Guess what: SEC says IPro is a 26 million dollar scam, and is suing its owner, not even two years later.

I know it's cliche, but...

I TOLD YOU SO!!!!!!!!


Tuesday, December 11, 2018

Scam Psychology: Bogus Science and Alternative Facts Redux

One of the ways scams and woo spread is by linking a famous person to it, never mind that famous person actually said the EXACT OPPOSITE.

Recently, there was a Twitter debate when someone rehashed the myth that "cancer cannot survive in an alkaline environment", and cited Dr. Otto Warburg, 1931 Nobel Laureate, and even claimed that's what he got the Nobel prize for.  But it wasn't.

This alkaline nonsense was thoroughly busted by Snopes back in 2016, as well as by practically every major medical news website and several hospitals and medical schools. To make a long story short, it's circular reasoning. Dr. Warburg actually discovered that cancer cells produce MORE lactic acid by using a different metabolism method than healthy cells. While a cancerous body is slightly acidic than normal, this is the effect of cancer, NOT THE CAUSE. And you can't force a body or blood to be acidic through diet (that means your kidneys have FAILED!). It's clear that whoever listened to this nonsense doesn't understand cause and effect. They think cancer -> acid, then anti-acid = anti-cancer. It doesn't work like that.  A caused B. B does not cause A.

But the way they try to validate their nonsense by citing Dr. Warburg via the false citing was the reason for this post. Falsely citing a celebrity is a common scam tactic, usually ignored by the company as that would imply they willingly violated state or Federal laws on False Endorsement and Right of Publicity Claims. In fact, some companies are known to have set up fake news pages claiming links between their products and actors and celebrities such as actor Will Farrell and celebrity chef Paula Dean.

Back in 2004 Actor Ray Liotta sued Nerium after some Nerium reps falsely claimed via Facebook posts that Mr. Liotta's facial complexion improved due to the use of their products. The case was later settled out of court. But this hardly stopped other overeager reps from claiming things that have no basis in science or fact.

One of the more recent victims of false endorsement was Malaysia sprinter Watson Myambek. In November 2018, someone was spreading claims on Facebook that Nyambek is a Bitcoin millionaire to promote some sort of crypto-scam. He categorically denied such allegations and said he will file a report with police and want the lying culprit found.

The point is unless you can trust the source, like a reputable newspaper article, you should NOT believe anything you read on Facebook and similar social media platforms.






Sunday, November 12, 2017

How Paris Hilton and celebrities made SEC, FTC, and FDA see red: possibly illegal endorsements and reviews are exploding; how to spot them and avoid them



What do actor Jamie Foxx, ex-Boxer Floyd Mayweather, rapper DJ Khaled, soccer player Luis Suarez, and hotel heiress Paris Hilton have in common?

They all endorsed an initial coin offering (ICO), either publicly or online. Jamie Foxx tweeted about anticipating Cobinhood, Floyd Mayweather and DJ Khaled endorsed Centra, Luis Suarez endorsed Stox. Paris Hilton tweeted that she supported ICO of Lydian. only to delete the tweet 3 weeks later.

New York Times wrote an expose on how boxer Floyd Mayweather and rapper DJ Khaled endorsed an ICO called Centra, despite many questions about the head of the company and the business model. And that is when Security Exchange Commission (SEC), the regulatory body of investments in the US, started to see red.

SEC had already issued an investor bulletin in July specifically on ICOs, warning that some ICOs may be considered securities in the US, and promotion of such may violate security laws because they are not registered with the SEC.

SEC in September 2017 closed two fraudulent ICOs and alleged Maksim Zaslavskiy of fraudulently promoting two ICOs, REcoin and DRCoin, which were advertised as being backed by real estate and diamonds. SEC alleged that Zaslavskiy raised only 1/10th of the money he actually did, and never hired any experts nor purchased any diamonds or real estate as it claimed it did or will do. SEC obtained a court order to freeze all assets of companies related to these two ICOs.

SEC on November 1st issued a directive to all people, but specifically, celebrities who promote/endorse ICOs.
Any celebrity or other individual who promotes a virtual token or coin that is a security must disclose the nature, scope, and amount of compensation received in exchange for the promotion.  A failure to disclose this information is a violation of the anti-touting provisions of the federal securities laws.  Persons making these endorsements may also be liable for potential violations of the anti-fraud provisions of the federal securities laws, for participating in an unregistered offer and sale of securities, and for acting as unregistered brokers.  
Paris Hilton seems to be the only celebrity who had walked back on his or her ICO endorsements as of 11/11/2017.

But SEC wasn't the only US Federal agency out looking for misleading and possibly illegal endorsements. Federal Trade Commission (FTC), and Federal Drug Administration (FDA) are also clamping down on such illegal behavior that may be misleading consumers.