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Herbalife Nutrition is a global multi-level marketing (MLM) corporation that develops and sells dietary supplements. The company was founded by Mark Hughes in 1980, and it employs an estimated 8,900 people worldwide.Herbalife Nutrition. Follow us for tips on products, shake recipes, motivation and fitness tips. Share Your Stories: #GetActiveNow #HerbalifeNutrition #LoveMyShake lnk.bio/HerbalifeNutrition.Welcome to the Herbalife Nutrition Facebook page. This is a place to learn how you can... See more of Herbalife Nutrition on Facebook.

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Herbalife is a global nutrition and weight management company. Through the Nutrition for Zero Hunger initiative, Herbalife Nutrition is helping tackle rising global hunger.Using only the finest ingredients, Herbalife Nutrition offers science-backed products, including meal replacement protein shakes, teas, and other nutritional supplements.

Jump to navigation Jump to look Herbalife Nutrition Ltd.TypePublicTraded asNYSE: HLFRussell a thousand ComponentISINKYG4412G1010IndustryNutritionFoundedFebruary 1980Los Angeles, California, U.S.FounderMark R. HughesHeadquartersL.A. LiveLos Angeles, California, U.S.Key other folksJohn O. Agwunobi (Chairman & CEO)ProductsWeight control, nutritional supplements, personal care, sports activities nutrition.RevenueUS$ 4.89 billion (2018)[1]Operating incomeUS$ 683 million (2018)[1]Net incomeUS$ 296 million (2018)[1]Total assetsUS$ 2.79 billion (2018)[1]Total equityUS$ 341 million (2018)[1]Number of employees8,900+ (2018)[2]Websiteherbalife.com

Coordinates: .mw-parser-output .geo-default,.mw-parser-output .geo-dms,.mw-parser-output .geo-decdisplay:inline.mw-parser-output .geo-nondefault,.mw-parser-output .geo-multi-punctdisplay:none.mw-parser-output .longitude,.mw-parser-output .latitudewhite-space:nowrap33°51′26″N 118°17′31″W / 33.8572°N 118.2919°W

Herbalife Nutrition is a global multi-level marketing (MLM) company that develops and sells dietary supplements. The corporate used to be founded by means of Mark Hughes in 1980, and it employs an estimated 8,900 other folks worldwide.[3] The trade is integrated within the Cayman Islands,[4] with its corporate headquarters located in Los Angeles, California.[5] The company operates in Ninety four countries thru a community of roughly 4.5 million independent distributors and contributors.[3] Their merchandise were reported to reason liver harm.[6][7][8][9][10][11][12][13][14][15][16]

The company has been criticized via, amongst others, hedge fund supervisor Bill Ackman of Pershing Square Capital, who claimed that Herbalife operates a "sophisticated pyramid scheme"[17][18] after taking a 1 billion short position in Herbalife inventory.[19][20][21] Herbalife agreed to "fundamentally restructure" its trade, in america however now not international, and pay a $Two hundred million superb as a part of a 2016 settlement with the U.S. Federal Trade Commission (FTC) following accusations of it being a pyramid scheme.[22] In November 2017, Ackman's hedge fund closed out its quick place in Herbalife.[23]

History

In February 1980, Mark Hughes began promoting the unique Herbalife weight control product from the trunk of his car. Hughes incessantly mentioned that the genesis of his product and program stemmed from the load loss concerns of his mom Joanne, whose untimely dying he attributed to an consuming disorder and an dangerous method to weight loss.[24] According to one Herbalife website, the company's purpose was to change the nutritional habits of the sector.[25] His first product was a protein shake designed to assist folks set up their weight. He structured his corporate using a direct-selling, multi-level marketing style. In 1982, Herbalife received proceedings from the Food and Drug Administration for claims made about certain merchandise and the inclusion of mandrake, poke root, and 'meals grade' linseed oil in another. As a result of the proceedings, the company changed its product claims and reformulated the product.[26]

The Department of Justice of Canada filed criminal fees against the corporate in November 1984 for misleading medical claims in commercials.[27][28]

By 1985, the corporate was once considered the fastest-growing non-public corporate in America through Inc. after its sales increased from 6 thousand to 3 million over the previous 5 years.[29] That similar 12 months, the California Attorney General sued the corporate for making inflated claims in regards to the efficacy of its products. The corporate suffered because of the lawsuit and used to be compelled to lay off just about 800 workers via May 1985.[30] The company settled the suit for 0,000 with out admitting wrongdoing, but discontinued the sale of two products.[31] In 1986, Herbalife was a publicly-traded company on the NASDAQ, and rebranded itself as Herbalife International. However, as a result of the adverse exposure from the FDA lawsuit, the company posted a $Three million loss that yr.[32][33]

By 1988, the corporate had expanded its succeed in to Japan, Spain, New Zealand, Israel, and Mexico and higher its international gross sales to 1 million in 1991. In 1993, the corporate underwent a secondary providing of five million stocks.[34] The corporate launched a line of personal care merchandise in 1995 which incorporated fragrances and facial cleaning merchandise. In 1996, the corporate had expanded its reach to 32 nations, with global gross sales accounting for more than part of general gross sales. The company was sued in civil court by means of two former distributors in 1997 for withholding earned source of revenue.[35]

In 1999, Hughes tried to take the company personal after asserting that Wall Street was once undervaluing the corporate. While the board approved the buyout offer, shareholders of the company filed a go well with against the firm because they believed the proportion value they have been introduced was unfair. Hughes ultimately deserted his try to buy the company and settled the go well with with shareholders.[26] On May 20, 2000, Mark Hughes died at age 44.[36] The Los Angeles County Coroner autopsy results ruled that the entrepreneur had died of an unintentional overdose of alcohol and doxepin, an anti-depressant.[37] Following his dying, the corporate used to be led through Christopher Pair until October 2001.[38]

In 2002, the company used to be got for US5 million by J.H. Whitney & Company and Golden Gate Capital, which took the company non-public once more.[39] Concurrently, plant sources of ephedrine had been removed from Herbalife merchandise in 2002 after a number of U.S. states banned dietary supplements containing such herbs.[40]:15[41] In April 2003, Michael O. Johnson joined Herbalife as CEO following a 17-year career with The Walt Disney Company.[31] On December 16, 2004, the corporate had an initial public offering at the NYSE of 14.Five million common stocks at according to proportion,[42] netting the owners 1.3 billion.[43] In the mid 2000s, Herbalife upgraded its production facilities, transferring production to round 60% in-house, and altered how the company sold its merchandise to distributors.[44]

In March 2014, Herbalife got here beneath investigation through the U.S. Federal Trade Commission and the state of Illinois.[45] On May 7, 2014, the corporate announced that it entered into a maintain Bank of America Merrill Lynch to repurchase 6 million of its inventory.[46]

In July 2016, Herbalife agreed to switch its trade type and pay

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hundred million to its distributors in a agreement with the FTC.[17] The company announced in November 2016 that Chief Operating Officer Richard Goudis would take over the position of CEO in June 2017 and Johnson would transition to executive chairman.[47] In August 2017, the corporate introduced that it will repurchase as much as $six hundred million of its stock.[48] On April 25, 2018, Herbalife introduced that it had changed its title from Herbalife Ltd. to Herbalife Nutrition Ltd. The corporate also introduced that its shareholders had licensed a two-for-one stock split.[49][50] In January 2019, Herbalife introduced that it was once replacing Goudis after finding out of feedback he had made prior to taking over as CEO that was "contrary to the company's expense-related insurance policies and trade practices" and inconsistent with the company's requirements and culture." Former CEO Johnson subsequently took over the position on an meantime basis.[51]

In November 2019, the United States Department of Justice accused two former government officers of the corporate for bribing Chinese officers, including government businesses.[52] The company made that move to be able to get direct selling licenses, get entangled into govt investigations and check out to tug out negative media stories about it. According to the investigation, the alleged bribery claims took place in the duration between 2007 and 2016. In order to get to the bottom of those claims, in August 2020, Herbalife agreed to pay 3 million to the US Department of Justice and the U.S. Securities and Exchange Commission.[53]

Products

Herbalife Nutrition products

Herbalife Nutrition's merchandise come with weight-loss and protein shakes,[54] in addition to protein bars, teas, aloes, nutrients, and sports activities hydration, energy, and personal care merchandise.[55] The company's unique product is the Formula 1 protein shake, a soy-based meal-replacement shake. The product debuted in 1980 and, as of 2015, was once the corporate's easiest promoting product accounting for just about 30% of overall gross sales.[56]

Herbalife's products are produced at the company's five production facilities in the U.S. and China as well as third-party manufacturing companions.[57][58]:16 The company's production procedure is based on a 'seed to feed' technique which the corporate initiated in the 2010s and lets in it hint the place the elements in its nutritional products originated.[59] Since 2013, the company has operated a botanical extraction facility in Changsha, Hunan Province.[60][61] The facility produces botanical extracts, including teas, guarana, chamomile, broccoli, and bilberry, for use in most of the corporate's merchandise.[62] Before extracts are processed they go through a botanical identification program and are examined several times all through the manufacturing procedure.[63] The processed raw fabrics from the extraction facility are used at all the corporate's branded manufacturing amenities in addition to its companions. As of 2015, 58 percent of the corporate's nutrition products have been manufactured at Herbalife owned facilities.[56]

In China, the corporate's manufacturing sites are situated in Suzhou, Nanjing.[63] In the U.S., the company has production facilities in Lake Forest, California[64] and Winston-Salem, North Carolina.[65][66]

Herbalife's claims of well being advantages from its products have met scrutiny from the scientific community, shoppers, and executive companies.[67]

In 2008, Herbalife used to be sued after laboratory assessments indicated that ranges of lead in numerous Herbalife products were in far more than California state legislation[68] and may result in liver issues over an extended period of time.[69] The company commissioned its personal lab testing and located that the ones products did not comprise top enough quantities of result in require particular labeling.[70]

Business type

Herbalife Nutrition is a multi-level advertising company. According to a 2010 article in the Los Angeles Business Journal, it used to be claimed that Herbalife Nutrition was once one of the most winning companies in Los Angeles County and without delay benefitted from its industry model.[71]

As a results of the 2016 FTC agreement, the corporate is required to turn out that no less than 80 p.c of its gross sales are made to folks outside of its distributor community. Distributors are answerable for providing receipts for gross sales and proving they've professional consumers.[72] The settlement also required that vendors are best able to earn two-thirds in their rewards in accordance with retail sales of Herbalife Nutrition merchandise.[73] In the U.S., the company now differentiates between individuals who sign up for as a member to shop for discounted merchandise and people who join as a distributor in quest of a business opportunity.[74] Discount consumers are not able to earn rewards or sell merchandise.[73] Herbalife Nutrition may be required to have its practices monitored by means of an out of doors get together for seven years to ensure compliance.[72]

In the previous, corporate control considered the number and retention of vendors a key parameter and tracked it carefully in financial stories. By January of each and every year, gross sales leaders are required to requalify. In February of every yr, people who did not fulfill the gross sales chief qualification necessities all the way through the preceding 365 days are got rid of from that rank. For the most recent 12-month requalification period finishing January 2019, roughly 67.9 p.c of the eligible sales leaders requalified.[3]

In a California category motion suit (Minton v. Herbalife International, et al.) filed on February 17, 2005, the plaintiff challenged "the marketing practices of certain Herbalife International independent distributors under various state laws".[75] In a West Virginia class action swimsuit (Mey v. Herbalife International, Inc., et al.) filed on July 16, 2003, the plaintiffs allege that some of Herbalife International's vendors used pre-recorded phone messages and autodialers to touch potential consumers in violation of the Telephone Consumer Protection Act. The case was resolved with Herbalife and its distributors paying  million into a fund for sophistication members part of the suit.[76]:42

Distributor repayment

According to reliable company documentation for the yr 2012, 88% of Distributors in the United States won no bills from Herbalife. When looking at Sales Leaders with a Downline (which make up 17% of all Distributors) the ground 30.6% received [scrape_url:1]

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[/scrape_url] yearly reimbursement from Herbalife, the following 47.5% gained 2 annually compensation, adopted via 13.7% who won

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,216 yearly compensation, with the rest 8.2% damaged down into groups who won upper compensation.[77]

Liver illness inquiries

Hospitals in Israel, Spain, Switzerland, Iceland, Argentina, and the United States have reported liver damage in numerous sufferers who used Herbalife merchandise.[6][7][8][9][10][11][12][13][14][15][16]

In 2004, Israel's Health Minister began an investigation into Herbalife's products after 4 individuals using Herbalife's products had been found to have liver problems.[6] The corporate was once accused of promoting merchandise containing toxic substances comparable to quaqua, comfrey, and kraska. The merchandise had been sent to Bio-Medical Research Design LTD (B.R.D), to a private U.S. laboratory, and to Israel's Forensic research laboratory. A learn about of the circumstances funded by way of the Israeli Ministry of Health concluded that there was once a causative relationship.[78] Herbalife's SEC 10-Q filings said that the Israeli Ministry of Health didn't identify a causal courting between the product and liver ailments.[79] In 2009, an Israeli girl sued Herbalife International and Herbalife Israel, claiming that her liver injury resulted from the usage of Herbalife merchandise.[80]

Scientific studies in 2007 by doctors at the University Hospital of Bern in Switzerland and the Liver Unit of the Hadassah-Hebrew University Medical Center in Israel discovered an association between consumption of Herbalife merchandise and hepatitis.[6][7] In reaction, the Spanish Ministry of Health issued an alert requesting warning in consuming Herbalife products.[81] Herbalife said they had been cooperating fully with Spanish authorities,[82] and after investigation, the company made up our minds no action used to be required and got rid of the alert.

In January 2009, the Scientific Committee of the Spanish Agency for Food Safety and Nutrition (AESAN) reached the same conclusion. After reviewing circumstances implicating Herbalife merchandise in Spain, Switzerland, Israel, Finland, France, Italy, Iceland and Portugal, the 12-member medical panel issued a record concluding: "The analyses of these cases and information regarding their circumstances have not allowed us to establish a causal relationship" between liver anomalies and Herbalife's dietary supplements. The panel attributed the instances to metabolic changes from overzealous and unsupervised eating regimen.[83] However, neither a 2005 American Association for the Study of the Liver place paper[84] at the control of acute liver failure nor a 2013 overview within the New England Journal of Medicine[85] lists "overzealous dieting" some of the identified reasons of acute liver failure.

A July 2013 peer-reviewed find out about revealed in the World Journal of Hepatology reexamined recognized circumstances of hepatoxicity that had up to now been connected to intake of Herbalife merchandise and concluded that using "the liver specific Council for International Organizations of Medical Sciences scale, causality was probable in 1 case, unlikely and excluded in the other cases. Thus, causality levels were much lower than hitherto proposed."[86] In a separate overview revealed lower than a 12 months earlier, the same writer described the connection between Herbalife products and reported hepatoxicity cases as "highly probable".[87]

In December 2020, a 2019 paper analysing Herbalife's slimming products' association with one affected person's fatal acute liver failure was retracted via the Journal of Clinical and Experimental Hepatology.[88][89] According to a co-author of the paper, this used to be achieved after threats of prison motion through a Delhi-based law company.[90][91]

Pyramid scheme allegations

Critics of the corporate's structure have contended that it has operated as a pyramid scheme.[92][93] They have also argued that the corporate does now not sufficiently work to curb abuses by particular person distributors, regardless that Herbalife Nutrition has persistently denied the allegations.[94]

A 2004 settlement resolved a class-action suit on behalf of 8,700 former and current distributors who accused the company and distributors of "essentially running a pyramid scheme." A complete of  million was once to be paid out, with defendants now not admitting guilt.

In November 2011, the Commercial Court in Brussels, Belgium ruled that Herbalife was an illegal pyramid scheme.[95] The company filed an enchantment on March 8, 2012.[96] On December 3, 2013, a Belgian appeals courtroom discovered for Herbalife, reversing the decrease court's discovering.[97]

On May 1, 2012, a well-known short supplier David Einhorn asked pointed questions in regards to the corporate's trade and sales fashions all over the Q1 income call, environment off suspicions that Einhorn had a short position.[98][99] These suspicions have been proved proper in January 2013 when at an investor meeting Einhorn printed that he had profited via a short position in opposition to the corporate. Einhorn said the fast have been closed earlier than the top of 2012.[100]

Bill Ackman

On December 20, 2012, Bill Ackman (of Pershing Square Capital) presented a chain of arguments outlining why his company believed that Herbalife operated a "sophisticated pyramid scheme" and contended that its stock would hit 0.[101][19] Ackman alleged after a year-long investigation that almost all of vendors lose money, that the danger of making the testimonial-implied headline income is roughly one in 5 thousand, and that the company materially overstates its vendors' retail sales and understates their recruiting rewards.[102][103]

According to a variety of monetary commentators, Ackman bet more or less 1 billion towards the company;[104] soon after remarks to the click, the price of the inventory diminished such that Ackman would have made $Three hundred million if he had closed his quick position then.[105][103][106] In March 2015, federal prosecutors and the FBI published that they had been investigating whether or no longer people paid by Ackman and another way had made false statements about Herbalife's trade style to regulators and others in an effort to lower the company's inventory worth and affect government to habits an investigation.[107][108]

In November 2017, Ackman closed out his brief position after Herbalife stocks increased by way of 51 p.c over the yr, and changed it with a much less competitive put possibility.[109][23] In March 2018, The Wall Street Journal reported that Ackman had "largely exited" his guess against the company,[110] whilst others reported that the bet against Herbalife had cost his corporate loads of millions of bucks and broken the boldness of investors in his hedge fund.[111][112]

FTC investigation

Based on data from a Freedom of Information Act (FOIA) request, the New York Post reported on February 4, 2013, that Herbalife used to be topic to a pending probe from the Federal Trade Commission (FTC). The FTC released 729 pages containing 192 complaints gained over a 7-year period regarding the New York Post's FOIA request.[113] The FTC mentioned that the wording it utilized in its reaction to the FOIA request was once unsuitable; the FTC may not verify or deny an investigation into Herbalife.[114]

In March 2014, the FTC opened an investigation into Herbalife in keeping with calls from consumer teams and individuals in both homes of Congress. Herbalife answered to the probe by announcing it "welcomes the inquiry given the tremendous amount of misinformation in the marketplace, and will cooperate fully with the FTC. We are confident that Herbalife is in compliance with all applicable laws and regulations." However, in the press conference, Herbalife was once declared no longer necessarily now not pyramid scheme. [115][45][116][117][118]

In July 2016, Herbalife agreed to change its trade fashion and pay $Two hundred million in a settlement with the FTC.[17][119][120][121] Partial refund assessments had been mailed to more or less 350,000 Herbalife distributors in January 2017. The FTC mentioned in a press release about the agreement "it's virtually impossible to make money selling Herbalife products."[122][123]

The lawsuit alleged that Herbalife deceived consumers into believing they might earn considerable income from the industry alternative or large money from the retail sale of the corporate's merchandise. In addition, the criticism charged that one of the basic rules of Herbalife's trade type—incentivizing distributors to shop for products and to recruit others to sign up for and purchase merchandise so they might advance within the corporate's marketing program, rather than in line with actual consumer demand—is an unfair observe in violation of the FTC Act.[124]

The corporate remains underneath investigation as of early 2019 both via the United States Department of Justice and the U.S. Securities and Exchange Commission (SEC) for corruption in China.[125]

On September 27, 2019, the SEC introduced that Herbalife has agreed to pay million to settle charges of creating false and deceptive statements about its trade style and operations in China between 2012 and 2018. The corporate didn't admit or deny the fees but agreed to the settlement phrases.[126][127][128]

U.S. Justice Department investigation of bribery in China

In 2019, the U.S. Justice Department charged two of Herbalife's staff with conspiracy in violation of the Foreign Corrupt Practices Act (FCPA). They had been accused of bribing Chinese officials with a view to procure gross sales allows and to persuade an investigation into Herbalife. They have been also accused of providing bribes to China Economic Net with a view to influence their media protection.[129] In response, Herbalife dedicated $Forty million to get to the bottom of the problems, and began negotiations with both america Justice Department and SEC.[130]

Sports sponsorships

Herbalife Nutrition has sponsored France national volleyball team and Major League Soccer club LA Galaxy since 2007 and has sponsored Cristiano Ronaldo since 2013.[131] They subsidized FC Barcelona and Lionel Messi between 2010 and 2013.[132] Herbalife has also sponsored the basketball membership Herbalife Gran Canaria since 2012.[133] In July 2020, Herbalife also backed the Guangzhou Charge of the Overwatch League.[134] In addition to those group and player sponsporships, Turkish Women's Basketball Super League has been named 'Herbalife Nutrition Women's Basketball Super League' for three years starting the 2019-2020 regular season.[135]

Media

In April 2016, a documentary directed by way of Ted Braun, titled Betting on Zero, premiered on the Tribeca Film Festival. It explored the allegation from Bill Ackman that Herbalife used to be a pyramid scheme and personal tales of its distributors who lost their existence savings.[136]Hilary Rosen, a Democratic lobbyist and an adviser to Herbalife, puzzled Tribeca's credibility after claiming that the movie was once "bought and paid" for via Ackman "to make good on his stock bet".[137][138]

In 2016, a Last Week Tonight with John Oliver section on multi-level advertising serious about Herbalife; it strongly condemned the corporate for its structure comparable to a pyramid scheme and cited the FTC record, which implied the corporate have been operating illegitimately. Oliver criticized Herbalife for its exploitation of Latino communities,[139] and overstatement of its products' well being benefits.[140] One reviewer wrote that it gave the impression to be in large part in keeping with Betting on Zero, and caused no speedy trade in Herbalife's stock costs.[141]

The 2018 ebook When The Wolves Bite: Two Billionaires, One Company, and an Epic Wall Street Battle through Scott Wapner discusses Ackman's short of the corporate and his struggle with Icahn.[142] In the e book, Wapner characterizes Ackman's choice to wager against Herbalife as bad.[143]

References

^ a b c d e .mw-parser-output cite.quotationfont-style:inherit.mw-parser-output .quotation qquotes:"\"""\"""'""'".mw-parser-output .id-lock-free a,.mw-parser-output .quotation .cs1-lock-free abackground:linear-gradient(clear,transparent),url("//upload.wikimedia.org/wikipedia/commons/6/65/Lock-green.svg")right 0.1em middle/9px no-repeat.mw-parser-output .id-lock-limited a,.mw-parser-output .id-lock-registration a,.mw-parser-output .quotation .cs1-lock-limited a,.mw-parser-output .quotation .cs1-lock-registration abackground:linear-gradient(clear,clear),url("//upload.wikimedia.org/wikipedia/commons/d/d6/Lock-gray-alt-2.svg")right 0.1em heart/9px no-repeat.mw-parser-output .id-lock-subscription a,.mw-parser-output .citation .cs1-lock-subscription abackground:linear-gradient(clear,transparent),url("//upload.wikimedia.org/wikipedia/commons/a/aa/Lock-red-alt-2.svg")appropriate 0.1em middle/9px no-repeat.mw-parser-output .cs1-subscription,.mw-parser-output .cs1-registrationcolor:#555.mw-parser-output .cs1-subscription span,.mw-parser-output .cs1-registration spanborder-bottom:1px dotted;cursor:assist.mw-parser-output .cs1-ws-icon abackground:linear-gradient(clear,clear),url("//upload.wikimedia.org/wikipedia/commons/4/4c/Wikisource-logo.svg")correct 0.1em middle/12px no-repeat.mw-parser-output code.cs1-codecolour:inherit;background:inherit;border:none;padding:inherit.mw-parser-output .cs1-hidden-errorshow:none;font-size:100%.mw-parser-output .cs1-visible-errorfont-size:100%.mw-parser-output .cs1-maintshow:none;color:#33aa33;margin-left:0.3em.mw-parser-output .cs1-formatfont-size:95%.mw-parser-output .cs1-kern-left,.mw-parser-output .cs1-kern-wl-leftpadding-left:0.2em.mw-parser-output .cs1-kern-right,.mw-parser-output .cs1-kern-wl-rightpadding-right:0.2em.mw-parser-output .citation .mw-selflinkfont-weight:inherit"Herbalife LTD. 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