Lifevantage Terminates and Sues Major Distributor

Introduction

Jason Domingo

Jason Domingo

Lifevantage (LV) announced that, at the unanimous recommendation of its Board of Directors, it has terminated for cause its relationship with Jason Domingo and Ovation Marketing Group, Inc., one of the Company’s lead distributors. The Company also announced that it has filed suit against Mr. Domingo and Ovation in Federal Court in the State of Utah for breach of contract and misappropriation of trade secrets.  See typical market report.

The detail (see link below) shows that LV made $10.9m in 2010 and $208m in 2013 – this is despite the investigative activity into Protandim, LV’s main product, by LazyManAndMoney and others…!  Distributors were paid $91m from which $2.6m went to Domingo.  They say he was the lead distributor.

The Detail in the Lifevantage Case

The case details are on PACER – summarised here:

Case details:

2:13-cv-01037-DB Lifevantage v. Domingo et al

Dee Benson, presiding

Date filed: 11/19/2013

Date of last filing: 11/19/2013

Assigned to: Judge Dee Benson

Demand: $775,000

Cause: 28:1332 Diversity-Breach of Contract

Court Filings of Lifevantage v Jason Domingo

You can view the court documents (19 pages) on the attached file:

Lifevantage v. Domingo et al

 

Jason Domingo,President, Ovation Marketing Group, Inc.

Domingo has been in business for many years.  This letter of his to the FTC is dated May 28, 2006 and he states he’s been in network marketing for 14 years, meaning he started back in 1992.  Chillingly, he quotes a Dr Charles King that by 2016 one in two Americans will be involved in network marketing.  Thankfully, we don’t appear to be treading that path.

The Court Case

The letter of his makes good reading, especially with regard to the free market and in comparison to the Lifevantage court case….  In this, they claim he:

  • Has been laying the groundwork for setting up a competitive business
  • Disparaged the company
  • Is setting up a competitive business
  • Used his disposal of 90% of his stock as proof of these claims
  • Sent  an email to Randy Haag disparaging the company where he said “there is no statement too strong that speaks to the malfeasance of this management team.  Greed and ego has gripped my (sic) beautiful company by the throat.” – Stirring stuff indeed!
  • If Domingo had worked properly, they’d have paid out tens of millions more to distributors.

In total there are three main actions, divided into a myriad of clauses.

  • They want a 12 man jury public trial.
  • They want all costs.
  • They want $775,000

Malfeasance

Domingo used the word malfeasance to describe the LV management team.  I had to double-check the meaning.  It means:

The commission of an act that is unequivocally illegal or completely wrongful.

In detail, it means:

Intentionally doing something either legally or morally wrong which one had no right to do. It always involves dishonesty, illegality, or knowingly exceeding authority for improper reasons. Malfeasance is distinguished from “misfeasance,” which is committing a wrong or error by mistake, negligence or inadvertence, but not by intentional wrongdoing. Example: a city manager putting his indigent cousin on the city payroll at a wage the manager knows is above that allowed and/or letting him file false time cards is malfeasance; putting his able cousin on the payroll which, unknown to him, is a violation of an anti-nepotism statute is misfeasance. This distinction can apply to corporate officers, public officials, trustees, and others cloaked with responsibility.

Well. Most of what I have seen about LV fits into that. It’ll be interesting to see how this case pans out. I suspect it’ll not come to court.

8 responses .

  1. T. Michael Haney says:

    So, you are the bearer of the “the truth?” Well, let’s see: 1st you say. “this is despite the investigative activity into Protandim, LV’s main product, by LazyManAndMoney and others…!” To use “Lazyman” and “investigative activity” in the same sentence is disingenuous and wrong.Nothing of what he says trumps 29 major university studies, 15 peer reviewed studies at http://www.pubmed.gov and the real life benefits gained by Protandim users including me and my family. Then you say: Well. Most of what I have seen about LV fits into…” malfeasance? You, who are a common blogger with just opinions, unable to provide facts and proof to back up your statements know nothing about growing a publicly held (NASDAQ) company from $12 mil to $208 mil in four years. 2nd fastest growing company in the industry according to the DSA and 61st in the world. You are just another bad news broadcaster with a hidden agenda much like Brian McFarland who is himself the object of a lawsuit.
    http: // www . youtube .com/watch?feature=player_detailpage&v=IgAq6RJBo8M
    Get your facts straight.

  2. Strangely says:

    Mr Haney.  Firstly, thanks for pointing out that my contact form was fucked up (I saw your FB posting on it).  It’s now fixed.  Also, sorry for the delay in moderating – I’ve been away from my machines.


    Secondly, the truth is how you see it.  I’ve just reported the state of play vis-a-vis LV & Domingo, with my general opinions.  As I said, my hunch is that they’ll kiss and make up, much as Myhill & LV did.  If I’m wrong, the subset of humanity that actually cares will be small.  The LV word games will continue much as they’ve done in the past.
    I don’t have a hidden agenda – it’s all here in plain sight. Whether it is “bad” news as you seem to think, is up to the reader to decide, obviously.


    Thirdly, on the subject of facts.  Your LinkedIn page reveals you to have been a LV distributor for less than a year.  Your “summary” also cleverly states,

    At present, we train and team with others as among the 1st to take a natural food product with 5 patents, being proven by over 28 universities in the area of combating disease and free radical damage to the world.

    I’m assuming that this is Protandim you’re talking about.  You should know that the protandim studies were flawed, with a mix of:

    • conflicts of interest of the management and financial teams in the studies, i.e. very dodgy peer reviewing,
    • lack of control,
    • low sample sizes
    • in vitro studies
    • massive doses to mice
    • general scientific dissatisfaction with the promoted core concepts (e.g. some oxidants are bad, therefore all oxidants are bad and all anti-oxidants are good; tBars is a good measure – many disagree)

    Mandy Rice-DaviesIn fact, the only decent study, in humans, proved Protandim to be worse than a placebo!  This is all methodically documented on LazyMan’s website, which you, as a Lifevantage distributor are naturally so very keen to dis.  Well you would, wouldn’t you?

    • On top of this, even the whole free-radical concept and cell ageing isn’t certain.

    In some model organisms, such as yeast and Drosophila, there is evidence that reducing oxidative damage can extend lifespan.[7] In mice, interventions that enhance oxidative damage generally shorten lifespan.[8] However, in roundworms (Caenorhabditis elegans), blocking the production of the naturally occurring antioxidant superoxide dismutase has recently been shown to increase lifespan.[9] Whether reducing oxidative damage below normal levels is sufficient to extend lifespan remains an open and controversial question.

    - see https://en.wikipedia.org/wiki/Free-radical_theory_of_aging

    With the above in mind, you should be very careful when blindly stating:

    “proven by over 28 universities in the area of combating disease and free radical damage to the world”

    ..because it hasn’t been proven!  To date, a placebo works better than Protandim.

    If you’re not talking about Protandim since cleverly, you don’t actually state it though you do state that you’re a LV distributor , then the above is just words.


    Fourthly.  Rapid growth of a business does not make it good.  It just means that it has grown fast.  That’s all.  Herbalife and Enron grew fast.  So do housing bubbles.  So does cancer.  None of them are good.

    tmichaelheaneylinkedinprofile.jpg
    mandyricedavies.jpg
  3. […] your own boss, but it is clearly false if they can terminate your business at their own discretion. Strangely Perfect covers the lawsuit and LifeVantage is alleging that Domingo sent an email to investor Randy Haag […]

  4. Bob Bertling says:

    I wonder why LAZY MAN is able to report on the World WW what is said W/O being sued if not true about a PUBLIC a company.

    In addition just why is the stock in the toilet, where is a clinical scientist to P/U where J. McCord left LFVN hanging.

    I am only 70 y o , Not my first party, but I see the Dirs. lining their pockets at the cost of the Reps Hipe, BEFORE THE CRASH !!!!!

  5. issac says:

    You don’t really know what’s going on do you? The company bought $5,000,000 of their stock back and invested $30,000,000 in Salt Lake Real Soccer team. Call me if you have any questions 301 337 7508, IBA

    • Strangely says:

      Cheers @Isaac for that insight.  Unfortunately, you’ll need to supply more information to join the dots up for me.  This post is about the legal proceedings twixt Jason Domingo and Lifevantage.  If LV wish to run football teams instead of flogging a patented herb and spice mix then that pleases me.  If they choose to do both, then it’s still SNAFU.

  6. Surya says:

    Where would we be without criticism? I for one applaud this website and others that go to considerable distance to report on companies with a history of running scams, MLM or not. I myself was quite taken by all the “proof” of how bad the company LifeVantage is and how phony the product Protandim is. I’m sure if we critiqued most other companiess, MLM or not, the way we’re attacking this one, you’ll come out with just as many skeletons and foul play if not more. Not everyone is a publically traded company sharing their private details with the world. I’ll give LifeVantage a little credit for the sometimes uncomfortable chore of transparency. After chaining myself to hours and hours then days and days of grueling research I’ve come to this conclusion.

    1. LifeVantage exaggerates at least some of their marketing.
    2. LifeVantage needs more human clinical studies to substantiate some of their product claims.
    3. The Nrf2 science that their products hinge on is a rapidly growing field of study with currently over 4,000 research abstracts and growing steadily. Nrf2 is what sparked my attention the most.

    So I went digging down this Nrf2 rabbit hole some more. I found a new drug, recently approved March 2013 by the FDA and made by Biogen. It’s called “Tecfidera” (dimethyl fumarate). It has A LOT of human clinical studies. It had to for FDA approval. Claims to help relapsing sufferers of multiple sclerosis. Guess what…it acts on the same Nrf2 pathways that Protandim claims to “activate”. If you’re a research nut, have fun cause there’s so much around this one drug and Nrf2 you’re gonna overdose! LOL. Never mind all the other research being done around Nrf2.

    That’s the just the tip of the iceberg. Don’t believe me? Check out this one article link by Forbes.com

    http://www.forbes.com/sites/matthewherper/2013/03/29/biogen-reveals-pricing-for-new-ms-drug-tecfidera/

    Now look at the pricing for that drug. $54,900 PER YEAR PER PATIENT! A big pharma like Biogen spent some big money for this thing and they aren’t selling it cheap. Someone with a deep pocket not only saw the value of Nrf2 science, they funded a whole project to come up with a pill to help MS patients. Enough human clinical studies to drown in, some still on going for finding out more about its side effects, etc.

    Put all the other crap being said about Protandim aside and focus for a moment on its possible connection to Nrf2. I found 16 research abstracts that mention Protandim. Of those only ONE was a human clinical trial and like a lot of the criticism says, was a fairly small group.

    Here’s a link to that trial’s research abstract as published in PubMed:

    http://www.ncbi.nlm.nih.gov/pubmed/16413416

    The other human clinical trial, as the scam busters report, failed to conclude Protandim was any more effective than placebo.

    Here’s a link to the failed research abstract on PubMed:

    http://www.ncbi.nlm.nih.gov/pubmed/22268125

    Ok so not enough human clinical trials agreed. Meanwhile LifeVantage parades around claiming that Protandim will help with aging and a host of other diseases and ailments.

    Of the 16 studies published having used Protandim in their research, two of them are human clinical, the rest are animal/human cell in vivo or ex vivo. Of those 14 studies, 13 of them relate the induction of Nrf2 signaling pathways with Protandim.

    Now we move to the so what? We induced Nrf2 in animal and human cells. That’s not proof of anything. I agree and certainly not enough to go on saying that it will help us fight the battles of aging. However, we must pay attention here. Those 13 studies were with research organizations, some of them completely independent of LifeVantage in terms of funding and their then chief science officer Dr. Joe McCord. Other institutions are studying Nrf2 science in combination with Protandim. What about just Nrf2 science without the use of Protandim? That’s where the 4,000 plus research abstracts come into play. 89 of them with studies involving phytochemicals (another word for Protandim’s herbal ingredients).

    So what I’m saying here? don’t get too lost on attacking Protandim and LifeVantage. There is without a doubt something significant about this Nrf2 science. It needs to be evaluated more closely and more openly. The induction of cell nucleus gene expression from things that we eat is an amazing field of study in itself. It deserves attention. Don’t miss out! Whether it’s Protandim or some other supplement or drug, someone is gonna hit it on the head and it’s going to be huge. Ticfedra has already launched Biogen’s stock price LOL.

    Thank you Strangely Perfect for providing this free and open forum to discuss new ideas and scrutinize existing ones. May the greater picture reveal itself to us someday and may we all marvel at it’s glory.

  7. Strangely says:

    @Surya – I’m not “lost on attacking Protandim and LifeVantage” – there are many devilish functions in the world and this is just one.  Until LV change their ways I’ll continue to be an anti-LV outlet and information point.

    I’m not certain what you’re getting at, overall.  You seem to be plugging a mould inhibitor with highly allergic skin reactivity, i.e. Tecfidera  see here.  Because of this and other issues it’s totally banned in Europe, at least in furniture etc.  NICE has also decided not to use it medically for people with MS, as you’re suggesting the US has allowed.

    For the pubmed links you’ve provided about McCord on Protandim – this is all fully documented here on Lazyman’s consumer-focussed website (say) and doesn’t need repeating here.  There were about a dozen in total, most having financial collusion between the experimenter, the subjects and the financial backers of the product.  They were mostly in vitro and the only reasonably performed experiment fared worse than placebo as you’ve said.  Nrf2?

    You also seem to think Nrf2 stuff is a sort of wonder panacea?  Just add Nrf2 to the things I don’t care a toss about.  For me it is irrelevant.

    The relevance of my talking here on this topic is the continuing shadiness around LV that hurts ordinary people in desperate situations.  For me, this is not a forum to wonder aloud about what the next wonder drug is and how its stock price is faring.  I don’t care.  You can continue all you like, with whoever you like, but if I find it’s turning into a promo show for charlatans, I’ll pull the plug.

    I also talk about other things on my blog here.  I do what takes my fancy.  It’s my blog.  This is sort-of described here.

     

Add Comment Register



Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>

Attach a file Uploading File types: jpg, png, gif, zip,pdf, Max size: 3Mbytes, Max count: 3

© 2007-2014 Strangely Perfect All Rights Reserved