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Youngevity looks to be seeking Dave and Barb Pitcock again, having just resolved a six-year lawsuit against them.

This time, it’s through LaCore Enterprises’ parent firm, Innov8tive Nutrition.

Oh, and Innov8tive Nutrition’s patches don’t appear to contain the ingredients listed on the label, making them unapproved medications.

Terry LaCore (right) owns LaCore Enterprises, which operates several multilevel marketing businesses.

One such firm is Innov8tive Nutrition, whose leaders are the Pitcocks.

Youngevity’s lawsuit names the following defendants: 1. Innov8tive Nutrition

LaCore Enterprises LLC is number two.

The Grace Firm is number three.

LaCore Nutraceuticals Inc. is number four on the list.

5. The Grace Firm’s Personal Computer (PC) and

LaCore Labs is number six on the list.

Even though they are frequently mentioned in the case, Dave and Barb Pitcock (right) are not listed, as defendants.

Innov8tive Nutrition’s “patch products” are the subject of Youngevity’s case, which was filed on May 19th.

Innov8tive Nutrition, in particular, employs comparative marketing to advertise its patches.

Innov8tive and Innov8tive promoters… employ comparative advertising to imply that their goods use a process for customers to absorb vitamins and nutrients that are superior to Youngevity’s capsule, liquid, and powder-based nutritional supplements, either directly or implicitly.

Youngevity contends that Innov8tive Nutrition’s marketing promises, which it then uses to compare Youngevity against, are outright lies.

The promises made by Innov8tive about the absorption of dietary nutrients through the skin utilizing topical patches are a big part of their product marketing.

The promotional claims made by Innov8tive are untrue.

Innov8tive and its promoters have utilized a multi-year fraudulent advertising campaign to sell goods, falsely stating that its patch products have unique or exclusive nanotechnology that allows users to efficiently assimilate nutritional components transdermally.

The Innov8tive patch products, however, do not contain all (if any) of the stated or listed vitamins and nutrients, and those vitamins and minerals are not absorbable through the skin as promised.

Youngevity argues that Innov8tive Nutrition’s actions have harmed it and caused losses.

The words “longevity” and “innov8tive” are… The Pitcocks are direct rivals since they advertise Innov8tive goods directly to Youngevity distributors and consumers as former high-level Youngevity distributors and current Innov8tive promoters, executives, and/or owners.

Innov8tive is attempting to divert clients away from Youngevity through its marketing and promotional initiatives.

Innov8tive has taken away Youngevity’s distributors and clients.

Youngevity based its claims on independent testing, citing nutritional labels from a variety of Innov8tive Nutrition products.

Youngevity hired an approved laboratory to test the Innov8tive Complete Multi-Vitamin Patch to see if it includes the number of minerals that Innov8tive claims on the product’s supplement information panel.

The test findings from an acknowledged laboratory show that the statements on the Supplement Facts panel of the Innov8tive Complete Multi-Vitamin Patch are essentially incorrect.

Youngevity doesn’t name the lab, but they do say they hired S&N Labs to double-check the initial lab’s findings.

At first glance, the evidence gathered appears to be quite damning.

Here’s the nutrition label for Innov8tive Nutrition’s multivitamin patch, as reported by Youngevity:

S&N Labs discovered the following:

There are a lot of zeros there.

The zeroes continue throughout Innov8tive Nutriton’s whole product line:

Innov8tive’s patch products failed to contain any of the tested vitamins, minerals, or dietary components at the quantities specified on the patch products’ supplement information panels, according to S&N Labs’ Report of Analysis.

I can’t comment on the truth of S&N Labs’ report, however, the Lab Director has approved the accompanying exhibit.

If those values are even close to being correct, Innov8tive Nutrition’s patches look to be little more than plastic squares.

I don’t have to depend on Youngevity’s claims to see what this means for Innov8tive Nutrition. We explicitly reviewed their marketing claims in BehindMLM’s published Innov8tive Nutrition review; Innov8tive Nutrition says its patches are built from “woven nanotechnology.” In comparison to standard “plastic patches,” they claim that this allows them to incorporate more active components in their patches.

Those zeroes don’t exactly scream “more active chemicals.”

The Innov8tive patches range in weight from 66 to 90 mg each.

The supplement information panel for the Innov8tive patch products claim that they contain between 1580 and 8704 mg of active chemicals per patch, except for the Innov8tive Feel Gr8 Patch.

In most cases, I only use the expression “math is math” when referring to MLM Ponzi scams.

On a 90 mg patch, there is 8704 mg of ingredients? It appears that I have a new application (no pun intended).

Youngevity writes about Innov8tive Nutrition’s claims about delivering (non-existent) nutrients through the skin: “The micronutrients purportedly contained in the Defendants’ patch products do not surpass the physical barrier of the skin in amounts or quantities equal to those advertised by Defendants in amounts or quantities equal to those advertised by Defendants.”

Most chemicals in Defendants’ goods lack the physicochemical properties required to enter the skin in sufficient amounts due to several circumstances.

The Defendants allege that by utilizing the items as instructed, i.e., putting the patch on the upper body, users can receive the indicated quantities of nutritional components. That assertion is untrue.

Youngevity returns to the marketing strategies after establishing that Innov8tive Nutrition’s patches contain no chemicals and the delivery mechanism is rubbish (emphasis mine).

Dave Pitcock addresses the problems of consuming nutritional supplements in capsule form in an 18:36 minute video taken by Barb Pitcock and released to Dave Pitcock’s Facebook page on March 5, 2020.

Other dietary supplements, including Youngevity products and packaging, are seen in pill and powder form in the movie.

Even though Defendants’ patch products do not contain the amounts of dietary ingredients claimed on the Supplement Facts panels, and the human body’s inability to absorb those dietary ingredients in the amounts claimed on the Defendants’ labels, Innov8tive has repeatedly claimed in advertising, through its promoters, that Innov8tive products are a more efficient way to provide the body with vitamins and nutrients than capsules, powders, and liquid dietary supplements, such as the

Consumers would not buy Innov8tive products if they knew the patches couldn’t deliver the number of vitamins and minerals specified on the labels of the Defendants’ patch products transdermally.

The majority of Youngevity’s lawsuit then goes into detail about Innov8tive Nutrition’s claimed misleading marketing practices.

An Innov8tive promoter posted a video on the social media platform TikTok showing various dietary supplements in capsule form, including Youngevity’s Gluco-Gel product, and stating: “This used to be my monthly supply of multivitamins and Omega 3s [showing dietary supplements in capsule form, including Youngevity product] until I found this awesome product [showing Innov8tive Complete Multi-Vitamin Patch] that’s patches that you put on your body.”

They include everything I used to take and more, so I can finally get rid of everything [showing dietary supplements in pill form, including the Youngevity product].”

Because the Defendants’ comparison advertising is directed at Youngevity distributors and consumers and claims superiority over Youngevity goods, it is designed to harm Youngevity.

For over four years, the Pitcocks were high-level Youngevity distributors.

As a result, Youngevity distributors may access and watch the Pitcocks’ social media channels (i.e., through contacts on Facebook.com that the Pitcocks formed when they were with Youngevity).

Knowing this, the Pitcocks employ promotional films to suggest that the Defendants’ products are superior to traditional dietary supplements, such as Youngevity’s, and have exploited these fraudulent claims to persuade Youngevity distributors and consumers to switch to Innov8tive.

Because Youngevity distributors, potential distributors, customers, and potential customers have joined Innov8tive instead of Youngevity, have left Youngevity for Innov8tive, and have purchased Innov8tive products instead of Youngevity products, Youngevity has suffered injury as a result of Defendant’s false and misleading claims.

The recharacterization of Innov8tive Nutrition’s patches as “unapproved and misbranded pharmaceuticals” is one of the most intriguing aspects of Youngevity’s case.

Innov8tive and its proponents label and advertise their items as dietary supplements when they are unlicensed and misbranded pharmaceuticals.

This is based on the definition of a dietary supplement as defined by the state of California and the Food and Drug Administration.

The Sherman Food, Drug, and Cosmetic Law (“Sherman Law”) govern the regulation of foods, pharmaceuticals, and dietary supplements in California.

A “dietary supplement” must be intended for oral consumption and absorption in the gastrointestinal system in the form of a tablet, capsule, powder, softgel, gelcap, or liquid, according to California law.

The California Sherman Law’s regulatory definition of “dietary supplement” is similar to the FDA’s definitional framework for dietary supplements. The definition of “dietary supplement” under the Federal FDCA is essentially identical.

The Sherman Law and the FDCA both restrict “dietary supplements” to goods “intended for consumption” in the gastrointestinal system.

As a result, under California law, a product cannot be advertised as a “dietary supplement” unless it is designed for oral intake and absorption through the gastrointestinal tract.

A transdermal patch that is designed to provide nutrients to the body via the skin is regulated as a “drug” or “medical device,” not as a “dietary supplement.”

Selling unapproved pharmaceuticals that have not been established to be safe and effective through premarket clearance by the FDA or the Department of Public Health is illegal in California.

Under the statute, defendants’ patch products are misbranded because they are wrongly and unlawfully marketed and sold as Dietary Supplements when they do not fulfill the statutory definition of a dietary supplement.

Dietary supplements that have been mislabeled and/or medications that have not been authorized by the FDA are illegal and cannot be marketed lawfully.

There are a few vitamin patch multilevel marketing firms in the area. If Youngevity’s assertion holds, it may spell disaster for the MLM industry as a whole.

Youngevity brings up California since that’s where they filed their complaint. The corporate offices of Youngevity are located in California. Texas is home to Innov8tive Nutrition and LaCore Enterprises.

Innov8tive Nutrition and LaCore Enterprises are accused of three charges in Youngevity’s fifty-seven-page complaint: 1. false or misleading advertising under the Laham Act; 2. unfair competition – false advertising; and 3. unfair competition – unlawful behavior.

Youngevity is seeking an injunction as well as monetary damages from Innov8tive Nutrition and LaCore Enterprises.

This includes any profit generated by the sale of Innov8tive Nutrition’s patches, as well as a 300 percent penalty on any damages awarded.

To BehindMLM’s case calendar, I’ve included “Youngevity International Inc. v. Innov8tive Nutrition, Inc., et al.” As we continue to investigate the matter, we will provide updates.

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