Editor's Note: This is a continuation of a previous discussion about Product Based Pyramid Schemes. You may want to read that one first.
Is Herbalife a product-based Pyramid Scheme? First, let us do a quick recap of what is a pyramid scheme, and its variant, a product-based pyramid scheme.
In a regular pyramid scheme, you pay to join the scheme, which buys you the right to recruit additional members into the scheme, and when you meet some recruiting requirements, you get paid.
In a multi-level marketing scheme, you pay very minimal cost to join the scheme, which buys you the right to sell the products as an affiliate, as well as the right to recruit additional members into the scheme. You get paid by the company when additional members you recruited i.e. downlines, also sell the products with their own markup.
In a product-based pyramid scheme, you pay for a starter kit to join the scheme, which buys you the right to sell the products as an affiliate, as well as the right to recruit additional members into the scheme. You also sign up for monthly autoship to qualify for commission payout. You get paid commission by the company when those additional members you recruited (i.e. downlines) buy a starter kit and signup for autoship, and they can also profit by recruiting additional downlines (that also buy starter kit and monthly autoship) just like you did.
Are you confused yet? Does the product-based pyramids scheme look JUST like a multi-level marketing scheme? There is a pretty subtle difference, but they are VERY similar.
Going back to regular pyramid scheme, the formal definition was:
- The participant makes a payment of money to the company;
- In exchange, the participant receives the right to sell a product (or service);
- In exchange, the participant receives compensation for recruiting others into the program;
- The compensation is unrelated to the sale of products (or services) to the ultimate user.
Please note that multi-level marketing scheme fits 1, 2, and 3, but not 4, in that the compensation from the company to affiliate is based on SALE OF PRODUCTS (by downlines, presumably to real consumers), not by recruiting additional downline affiliates.
The product-based pyramid scheme looks just like a multi-level marketing scheme in that the company can claim it has sold products to / through the affiliates, thus it has paid the affiliates based on SALES of products, even though the company is essentially a pyramid scheme with the product purchases replacing the direct transfer of money.
So how do you separate product based pyramid scheme from multi-level marketing scheme (i.e. illegal vs. legal), and which one describes Herbalife?