UNITED STATES OF AMERICA 

Federal Trade Commission 

WASHINGTON, D.C. 20580 

April 24, 2020 

Via Electronic Mail 

Modere, Inc. 

c/o Michelle Wilson, General Counsel 

588 S 2000 W 

Springville, Utah 84663 

Warning Regarding Health and Earnings Claims Related to Coronavirus 

Disease 2019 (COVID-19) 

Dear Ms. Wilson, 

FTC staff has reviewed social media posts made by Modere, Inc. (“Modere”) business 

opportunity participants or representatives that unlawfully advertise that certain products treat or 

prevent Coronavirus Disease 2019 (COVID-19) and misrepresent that consumers who become 

Modere business opportunity participants are likely to earn substantial income. This letter is to 

provide you with information about laws and regulations enforced by the Federal Trade 

Commission (“FTC”) that may bear upon your business activities, including the activities of your 

business opportunity participants and representatives. 

Some examples of Coronavirus prevention or treatment claims made by your business 

opportunity participants or representatives include: 

 “STAY SAFE!! MAKE YOUR IMMUNE SYSTEM STRONG!!! 

Standard coronavirus protection kit . #antiseptics and #immunity_support.” 

 “In the midst of all this corona virus hype, we should all be focused on IMMUNE 

HEALTH Guys forget about toilet paper!!!! This is WHAT YOU NEED!!!!! I’ve 

had a few people ask me this week what products do we sell that helps protect 

them and their families... THE MODERE SOLUTION... this powerful formula 

will assist the immune and respiratory systems in the defence [sic] against 

everyday attacks. Immune Health can also promote recovery during periods of 

illness, and, when taken regularly, it may help to boost the response time of the 

immune system allowing it to effectively maintain health and wellness.” 

Some examples of earnings claims made by your business opportunity participants or 

representatives include: 

 A video with the description “... We have been so blessed as 7-figure earners and 

we are here to help you, achieve your financial or time freedom goals,” and the 

statements” “The timing for you to get involved with an online business is second 

to none guys. . . . In the United States alone, 3.3 million people filed for 
 

unemployment last week alone. So guess what? They’re looking to make an extra 

$200, $300, $400, $500 right part time right now. . . . You have the ability to 

make money right away. . . . There are so many people right now that are looking 

for something. That will be looking for something. . . . We give them an 

opportunity to really have a better quality of life, however they want to define it. 

Whether it be an extra 50 bucks, an extra 500 bucks, an extra 5,000 bucks—they 

get to choose the quality of life that they want here at Modere.” 

 “I have a [question] for you as we move forward in this NEW economy – have 

you decided what your financial safety net or back up plan will be? . . . Connect 

with me to talk about earning $500-$1500 a month from home.” 

It is unlawful under the FTC Act, 15 U.S.C. § 41 et seq., to advertise that a product can 

prevent, treat, or cure human disease unless you possess competent and reliable scientific 

evidence, including, when appropriate, well-controlled human clinical studies, substantiating that 

the claims are true at the time they are made. For COVID-19, no such study is currently known 

to exist for the products identified above. Thus, any coronavirus-related prevention or treatment 

claims regarding such products are not supported by competent and reliable scientific evidence. 

You must immediately cease making all such claims. 

Additionally, representations about a business opportunity, including earnings claims, 

violate Section 5 of the FTC Act, 15 U.S.C. § 41 et seq., if they are false, misleading, or 

unsubstantiated and material to consumers. Express and implied earnings claims must be truthful 

and non-misleading to avoid being deceptive, which means that claims about the potential to 

achieve a wealthy lifestyle, career-level income, or significant income are false or misleading if 

business opportunity participants generally do not achieve such results. Even truthful 

testimonials from participants who do earn significant income or more will likely be misleading 

unless the advertising also makes clear the amount earned or lost by most participants. Your 

business opportunity participants and representatives must immediately cease making all express 

and implied earnings claims that would be false or misleading to current or prospective 

participants. 

You are responsible for the claims of your business opportunity participants and 

representatives. As the FTC stated in the January 2019 Business Guidance Concerning MultiLevel Marketing, the compensation structure of a Multi-Level Marketing entity (“MLM”) may 

create incentives for its participants to make certain representations to current or prospective 

participants. “As a consequence, an MLM should (i) direct its participants not to make false, 

misleading, or unsubstantiated representations and (ii) monitor its participants so they don’t 

make false, misleading, or unsubstantiated representations.” 

You are advised to review all claims relating to your products and business opportunity 

and immediately cease, and require your business opportunity participants and representatives to 

cease, making claims that are not supported by the evidence or substantiation described above. 

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Within 48 hours, please send reply via email to COVID-19-Task-Force@ftc.gov 

describing the specific actions you have taken to address the FTC’s concerns. If you have any 

questions regarding compliance with the FTC Act, please contact us at COVID-19-TaskForce@ftc.gov. 

 Sincerely,

 Federal Trade Commission Staff 

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