As part of its merger with Immunotec, My Daily Choice is holding earned commissions hostage.

As per an email sent out to My Daily Choice promoters;

We are reaching out because you have MDC commissions waiting for you… but right now your Immunotec position isn’t activated yet, which means you can’t get paid yet.

We definitely can’t let that happen. You earned those commissions – no let’s make sure they hit your account!

The email goes on to instruct My Daily Choice promoters on how to create an Immunotec promoter account.

An MLM company withholding earned commissions is pretty egregious. That it is being done so on condition promoters join another company, financially benefitting the owing company’s owner, is even worse.

My Daily Choice is owned (was owned?) by Josh Zwagil (right).

Zwagil recently signed up as an Immunotec promoter, in a merger that appears to include ownership rights of My Daily Choice assets.

All My Daily Choice promoters who sign up as an Immunotec promoter are placed into Zwagil’s Immunotec downline.

Unfortunately, other than commissions now being held hostage, specific details of the merger have been withheld from My Daily Choice promoters.

This is problematic for two primary reasons:

  1. handling of promoter’s personal information (89,188 My Daily Choice account details were breached in 2024); and
  2. Zwagil’s unknown long-term commitment (or lack thereof) to Immunotec.

While these concerns are potential ethical issues, withholding owed commissions potentially brings My Daily Choice and Zwagil into civil liability territory.

Specifics would have to be determined by a lawyer but I wouldn’t be surprised if a drafted lawsuit alleged breach of My Daily Choice promoter contracts.

Again lawyer disclaimer, but I’m pretty sure “You need to follow the owner to a new company for his financial benefit” isn’t a legally defensible position.

Whether Immunotec is on board with My Daily Choice promoters getting fleeced out of earned commissions is unclear. I can think of no better way to doom a merger acquisition than by not paying people.