The FDA, under the Department of Health and
Human Services, is responsible for the regulation of
foods, drugs,dietary supplements, biological medical
products, blood products, medical devices, radiation-
emitting devices, veterinary products, and cosmetics.
With respect to dietary supplements, the FDA, under
the Dietary Supplement Health and Education Act of
1994, can only take action against manufacturers if
their dietary supplements are proven unsafe. Manufac-
turers can legally claim their products have health ben-
efits, however, they cannot claim these products
diagnose, treat, cure, or prevent disease.
Cosmetics are regulated by the FDA’s Center for
Food Safety and Applied Nutrition. Cosmetics are
generally not approved before they reach the market-
place. However, color added to cosmetics must be
FDA approved before being sold. The FDA does
regulate cosmetic labeling. According to the FDA,
cosmetics that have not been thoroughly tested must
advise so on its label.
Network marketing, or multi-level marketing, is
legal in most U.S. states under the stipulation that a
company’s sales force receives earnings from custom-
ers other than relatives. In the Herbalife network mar-
keting plan, new distributors buy products up front at
25% off the retail price. Once a distributor buys $2,000
to $4,000 of products, the distributor becomes a super-
visor, at which time they get 50% off the retail price.
Distributors also become supervisors by bringing
other distributors into the network. Distributors then
get a percentage of each recruit’s sales, generally about
8%. As supervisors increase in rank, they gain the
potential to earn more money. This pyramiding of
earnings often is criticized as being a pyramid scheme.
In addition, Herbalife sponsors many sporting
events that are especially attractive to children and
young adults. For instance, the company is a regular
sponsor of AVP Pro Beach Volleyball, at times being
the event’s Official Nutritional Advisor. It has also
been the sponsor of the JPMorgan Chase Open
WTA tennis tournament, the Los Angeles Galaxy,
the Tour of California bicycle road race, the Michelob
Ultra London Triathlon, the Nautica Malibu Triath-
lon, and the Thai Airways International Laguna Phu-
ket Triathlon. Parents need to be especially concerned
that children do not associate products with sporting,
entertainment, or other such events, thus, thinking they
are safe to use based solely on sponsorship in such events.
Before parents give children any unregulated
FDA products such as nutritional supplements—
whether it be from Herbalife or any other com-
pany—they should consult their family doctor. Anycompany or individual can make, market, and sell
nutritional supplements, for instance, without adher-
ing to quality control requirements from the FDA.
They also are not required to perform research to
prove the safety or effectiveness of such products.
Only products under FDA regulation are required by
their manufacturers to perform such activities.
In addition, parents need to be aware that some
medical conditions that children may have (and which
any human can have) may be adversely affected when
used with unregulated products. Even though a product
is advertised as being natural, this does not mean it is
necessarily safe to use in all situations and with all
people. Also, since nutritional supplements, for instance,
are not regulated by the FDA, there is little way to
determine if each dosage is identical in quantity and
quality with the advertised labeling. In fact, in 2004,
the Commission for Scientific Medicine and Mental
Health (CSMMH) formally requested that the FDA
require manufacturers of herbal remedies and dietary
supplements to insert labelwarnings on products that
have been associated with adverse health reactions in
consumers.Resources
BOOKS
PDR for Nutritional Supplements. Montvale, NJ: Medical
Economics Company, 2001.
Skidmore-Roth, Linda.Mosby’s Handbook of Herbs
and Natural Supplements. St. Louis, MO: Mosby,
2006.
Talbott, Shawn M.The Health Professional’s Guide to Diet-
ary Supplements. Philadelphia, PA: Lippincott Wil-
liams and Wilkins, 2007.
OTHER
FOIA Request No. 2002-324 Herbalife International. Federal
Trade Commission. [Cited April 19, 2007].
Index to Information about Herbalife International.
Dr. Stephen Barrett, MLM Watch: The Skeptical
Guide to Multilevel Marketing. [Cited April 19,
2007].
Work from ‘‘Home’’. Rob Cockerham, Cockeyed.com.
[Cited April 19, 2007].
ORGANIZATIONS
Herbalife Family Foundation, Herbalife International.
Home Website of Herbalife Family Foundation. [Cited
April 18, 2007].
Home Website of Herbalife. Herbalife International. [Cited
April 18, 2007].William Arthur AtkinsHerbalife