Vemma preliminary injunction hearing delayed till Sep 15th
As per a Stipulated Motion To Continue Preliminary Injunction filed on August 31st, the preliminary injunction hearing in the FTC Vemma case has been rescheduled for September 15th.
The motion has also resulted in the temporary restraining order granted against Vemma extended to the 18th.
In the meantime, the FTC has been given permission to file “supplemental evidence” and a supporting memorandum no later than 4:30pm on September 8th.
Vemma’s response is due by 4:30pm on September 10th.
Both the FTC and Vemma are then required to file prehearing statements by 4:30pm on September 11th.
As per a Facebook update from Vemma founder and CEO BK Boreyko, dated September 1st:
A lot has happened in the past week, all without this team and myself being able to stand in front of a judge.
Only yesterday were we able to access the home office computers in order for us to produce the data to prepare our defense and prove our innocence.
Because of that, and along with the importance of preparing the best defense possible to help secure a win at this hearing, we have requested a delay.
I agree with this decision because we can’t properly tell our story to the world with just 3 days to prepare.
I do think that Vemma should have been, and should be, allowed to access their only means of defending themselves.
Regardless of what they may or may not have done, it was always my understanding that people and entities should be entitled to their prompt day in court in a fair democracy.
But in this case, they’re being really screwed around while ‘the federal system’ takes its own sweet time to (behind closed doors) cook up a case against them that may or may not be fair.
While meantime, Vemma’s ship of state is taking more and more water and sinking lower and lower.
I hope all these other MLM companies are amused by this because they could be next.
the FTC’s case is already filed. it is vemma which needs time to prepare it’s case.
if the FTC’s case is unfair, the court will throw it out. if vemma is right, they will win. the TRO is temporary. vemma can get it reversed, if it proves it’s case.
so, vemma is not some victim of the federal system. vemma will have it’s full democratic rights to plead its case and be heard impartially.
in the italy pyramid scheme case, this was vemma’s core argument:
italy’s AGCM [competition and markets authority] responded to vemma’s explanation by saying:
IMO the arguments before the US federal court will essentially be the same, but will also include an argument by vemma, that affilaites on autoship were buying for self consumption because vemma products are high quality products with great science behind them.
this is the vemma sales data, reported by the italy AGCM investigation:
i imagine vemma sales data in the US should be comparable to the above.
It appears Vemma has been afforded access and has ten days in which to file a written response….to be followed by a hearing five days later. What’s your beef?