Fourth Youngevity complaint alleges false Wakaya product claims
On November 4th Youngevity filed a fourth amended complaint against Wakaya Perfection.
The complaint is the latest in the long-running feud between Youngevity and Wakaya, dating back to March, 2016.
Youngevity’s latest complaint accuses Wakaya Perfection of violations of the Lanham Act, specifically misleading product and marketing claims and misappropriation of trade secrets.
The Lanham Act dates back to 1946 and ‘prohibits … trademark infringement, trademark dilution, and false advertising‘.
In breach of the Act, Youngevity allege
- Wakaya’s “Plan to a Grand” marketing campaign falsely implied Wakaya Ambassador affiliates ‘can easily earn more than $1000 per month and that 95% of its Ambassadors will earn more than $1000 per month‘
- Wakaya’s Burn Capsules, which are marketed as containing “a potent combination of herbs and extracts”, contains the Octodrine HCI chemical stimulant
- Wakaya’s turmeric products are marketed as having ‘6% curcumin content and five times more curcumin than other turmeric products, when in fact it contains 4% curcumin content, which is the same as other turmeric products readily available in the marketplace‘
- claims and testimonials for Wakaya’s BulaFIT weight loss product are “false and misleading” (Youngevity don’t elaborate on why)
Youngevity’s fourth amended complaint also adds former Vice President ranked affiliates, Michael Randolph and Michael Casperson, as defendants.
Youngevity allege Randolph and Casperson breached ‘their duty of loyalty to Youngevity‘. Casperson is also accused of misappropriating Youngevity’s trade secrets.
To add weight to their allegations, Youngevity are requesting permission to conduct additional discovery.
Wakaya Perfection has objected to the request, with a decision on the matter scheduled for December 20th.
Update 21st December 2017 – This is an extremely difficult case to follow, as both parties are going at each other with a barrage of motions.
Since I published this article on December 4th, no less than seventy-three motions have been filed.
From what I gather an important hearing is scheduled for January 19th. I’ll continue to monitor the docket between now and then but hopefully some important decisions are made at the January hearing.