222-3019 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

COMMISSIONERS: Lina M. Khan, Chair 

Rebecca Kelly Slaughter 

Christine S. Wilson 

Alvaro M. Bedoya 

In the Matter of DECISION AND ORDER 

THE BOUNTIFUL COMPANY, DOCKET NO. C- a corporation. 

DECISION 

The Federal Trade Commission (“Commission”) initiated an investigation of certain acts and 

practices of the Respondent named in the caption. The Commission’s Bureau of Consumer 

Protection (“BCP”) prepared and furnished to Respondent a draft Complaint. BCP proposed to 

present the draft Complaint to the Commission for its consideration. If issued by the 

Commission, the draft Complaint would charge the Respondent with violations of the Federal 

Trade Commission Act. 

Respondent and BCP thereafter executed an Agreement Containing Consent Order (“Consent 

Agreement”). The Consent Agreement includes: 1) statements by Respondent that it neither 

admit nor deny any of the allegations in the Complaint, except as specifically stated in this 

Decision and Order, and that only for purposes of this action, it admits the facts necessary to 

establish jurisdiction; and 2) waivers and other provisions as required by the Commission’s 

Rules. 

The Commission considered the matter and determined that it had reason to believe that 

Respondent has violated the Federal Trade Commission Act, and that a Complaint should issue 

stating its charges in that respect. The Commission accepted the executed Consent Agreement 

and placed it on the public record for a period of 30 days for the receipt and consideration of 

public comments. The Commission duly considered any comments received from interested 

persons pursuant to Section 2.34 of its Rules, 16 C.F.R. § 2.34. Now, in further conformity with 

the procedure prescribed in Rule 2.34, the Commission issues its Complaint, makes the 

following Findings, and issues the following Order: 

Findings 

1. The Respondent is The Bountiful Company, a New York corporation with its principal 

office or place of business at 90 Orville Drive, Bohemia, New York 11716. 

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2. The Commission has jurisdiction over the subject matter of this proceeding and over the 

Respondent, and the proceeding is in the public interest. 

ORDER 

Definitions 

For purposes of this Order, the following definition applies: 

“Respondent” means The Bountiful Company, a New York corporation, and its 

successors and assigns. 

Provisions 

I. Prohibited Misrepresentations 

IT IS ORDERED that Respondent, and Respondent’s officers, agents, employees, and 

attorneys, and all other persons in active concert or participation with any of them, who receive 

actual notice of this Order, whether acting directly or indirectly, in connection with the 

advertising, promotion, offering for sale, or sale of any of Respondent’s products or services 

must not make any misrepresentation, expressly or by implication, about or through ratings, 

reviews, badges, or endorsements of the product or service, including any misrepresentation: 

A. that a reviewer or other person reviewed, endorsed, or used the product or service; 

B. about the number of ratings or reviews the product or service has received; 

C. about the average star rating of the product or service; 

D. about the product or service being a best seller; or 

E. about the product or service having earned an Amazon’s Choice badge or 

designation. 

II. Prohibited Practices 

IT IS FURTHER ORDERED that Respondent, and Respondent’s officers, agents, 

employees, and attorneys, and all other persons in active concert or participation with any of 

them, who receive actual notice of this Order, whether acting directly or indirectly, in connection 

with the advertising, promotion, offering for sale, or sale of any of Respondent’s products or 

services must not: 

A. create or request the creation of variation or other relationships between different 

products sold on Amazon.com or any other online shopping platform or website; or 

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B. otherwise procure, suppress, boost, organize, selectively publish, up-vote, down-vote, 

or edit consumer reviews or ratings of products or services, 

in any manner that distorts or otherwise misrepresents what consumers think of such products or 

services. 

III. Monetary Relief 

IT IS FURTHER ORDERED that: 

A. Respondent must pay to the Commission $600,000 as monetary relief. 

B. Such payment must be made within 8 days of the effective date of this Order by 

electronic fund transfer in accordance with instructions provided by a representative of 

the Commission. 

IV. Additional Monetary Provisions 

IT IS FURTHER ORDERED that: 

A. Respondent relinquishes dominion and all legal and equitable right, title, and interest in 

all assets transferred pursuant to this Order and may not seek the return of any assets. 

B. The facts alleged in the Complaint will be taken as true, without further proof, in any 

subsequent civil litigation by or on behalf of the Commission to enforce its rights to any 

payment pursuant to this Order, such as a nondischargeability complaint in any 

bankruptcy case. 

C. The facts alleged in the Complaint establish all elements necessary to sustain an action by 

or on behalf of the Commission pursuant to Section 523(a)(2)(A) of the Bankruptcy 

Code, 11 U.S.C. § 523(a)(2)(A), and this Order will have collateral estoppel effect for 

such purposes. 

D. All money paid to the Commission pursuant to this Order may be deposited into a fund 

administered by the Commission or its designee to be used for relief, including consumer 

redress and any attendant expenses for the administration of any redress fund. If a 

representative of the Commission decides that direct redress to consumers is wholly or 

partially impracticable or money remains after redress is completed, the Commission may 

apply any remaining money for such other relief (including consumer information 

remedies) as it determines to be reasonably related to Respondent’s practices alleged in 

the Complaint. Any money not used is to be deposited to the U.S. Treasury. Respondent 

has no right to challenge any activities pursuant to this Provision. 

E. In the event of default on any obligation to make payment under this Order, interest, 

computed as if pursuant to 28 U.S.C. § 1961(a), shall accrue from the date of default to 

the date of payment. In the event such default continues for 10 days beyond the date that 

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payment is due, the entire amount will immediately become due and payable. 

F. Each day of nonpayment is a violation through continuing failure to obey or neglect to 

obey a final order of the Commission and thus will be deemed a separate offense and 

violation for which a civil penalty shall accrue. 

G. Respondent acknowledges that its Taxpayer Identification Number (Employer 

Identification Number), which Respondent has previously submitted to the Commission, 

may be used for collecting and reporting on any delinquent amount arising out of this 

Order, in accordance with 31 U.S.C. § 7701. 

V. Acknowledgments of the Order 

IT IS FURTHER ORDERED that Respondent obtain acknowledgments of receipt of this 

Order: 

A. Respondent, within 10 days after the effective date of this Order, must submit to the 

Commission an acknowledgment of receipt of this Order sworn under penalty of perjury. 

B. For 10 years after the issuance date of this Order, Respondent must deliver a copy of this 

Order to: (1) all principals, officers, directors, and LLC managers and members; (2) all 

employees having managerial responsibilities for conduct related to the subject matter of 

the Order and all agents and representatives having managerial responsibilities for 

conduct related to the subject matter of the Order; and (3) any business entity resulting 

from any change in structure as set forth in the Provision titled Compliance Reports and 

Notices. Delivery must occur within 10 days after the effective date of this Order for 

current personnel. For all others, delivery must occur before they assume their 

responsibilities. 

C. From each individual or entity to which Respondent delivered a copy of this Order, 

Respondent must obtain, within 30 days, a signed and dated acknowledgment of receipt 

of this Order. 

VI. Compliance Reports and Notices 

IT IS FURTHER ORDERED that Respondent make timely submissions to the 

Commission: 

A. One year after the issuance date of this Order, Respondent must submit a compliance 

report, sworn under penalty of perjury, in which Respondent must: 

1. Identify the primary physical, postal, and email address and telephone number, as 

designated points of contact, which representatives of the Commission may use to 

communicate with Respondent; 

2. Identify all of Respondent’s businesses that could violate the Order by all of their 

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names, telephone numbers, and physical, postal, email, and Internet addresses; 

3. Describe the activities of each business that could violate the Order, including the 

goods and services offered, the means of advertising, marketing, and sales; 

4. Describe in detail whether and how the Respondent is in compliance with each 

Provision of this Order, including a discussion of all of the changes the Respondent 

made to comply with the Order; and 

5. Provide a copy of each Acknowledgment of the Order obtained pursuant to this 

Order, unless previously submitted to the Commission. 

B. For 10 years after the issuance date of this Order, Respondent must submit a compliance 

notice, sworn under penalty of perjury, within 14 days of any change in the following: 

1. Any designated point of contact; or 

2. The structure of Respondent or any entity that Respondent has any ownership interest 

in or controls directly or indirectly that may affect compliance obligations arising 

under this Order, including: creation, merger, sale, or dissolution of the entity or any 

subsidiary, parent, or affiliate that engages in any acts or practices subject to this 

Order. 

C. Respondent must submit notice of the filing of any bankruptcy petition, insolvency 

proceeding, or similar proceeding by or against Respondent within 14 days of its filing. 

D. Any submission to the Commission required by this Order to be sworn under penalty of 

perjury must be true and accurate and comply with 28 U.S.C. § 1746, such as by 

concluding: “I declare under penalty of perjury under the laws of the United States of 

America that the foregoing is true and correct. Executed on: _____” and supplying the 

date, signatory’s full name, title (if applicable), and signature. 

E. Unless otherwise directed by a Commission representative in writing, all submissions to 

the Commission pursuant to this Order must be emailed to DEbrief@ftc.gov or sent by 

overnight courier (not the U.S. Postal Service) to: Associate Director for Enforcement, 

Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue 

NW, Washington, DC 20580. The subject line must begin: In re The Bountiful 

Company. 

VII. Recordkeeping 

IT IS FURTHER ORDERED that Respondent must create certain records for 10 years after 

the issuance date of the Order, and retain each such record for 5 years, unless otherwise specified 

below. Specifically, Respondent must create and retain the following records: 

A. Accounting records showing the revenues from all goods or services sold; 

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B. Personnel records showing, for each person providing services in relation to any aspect of 

the Order, whether as an employee or otherwise, that person’s: name; addresses; 

telephone numbers; job title or position; dates of service; and (if applicable) the reason 

for termination; 

C. Copies or records of all consumer or other complaints relating to the ratings, reviews, 

badges, or endorsements of any product or service, whether received directly or 

indirectly, such as through a third party, and any response; 

D. All records relating to the creation or termination of any variation relationship between 

Respondent’s different products sold on Amazon.com, to the extent that the creation or 

termination of such variation relationship was initiated or requested by Respondent; 

E. For each of Respondent’s products sold on Amazon.com in any variation relationship 

initiated or requested by Respondent, copies of its Amazon.com product page taken: (1) 

within 7 days before Respondent initiates or requests the creation or termination of the 

relationship, and (2) after the relationship has been created or terminated, but no later 

than 30 days after Respondent initiates or requests the creation or termination of the 

relationship; 

F. All records relating to Respondent’s suppressing, boosting, organizing, selectively 

publishing, up-voting, or down-voting any product reviews; and 

G. All records necessary to demonstrate full compliance with each provision of this Order, 

including all submissions to the Commission. 

VIII. Compliance Monitoring 

IT IS FURTHER ORDERED that, for the purpose of monitoring Respondent’s compliance 

with this Order: 

A. Within 14 days of receipt of a written request from a representative of the Commission, 

Respondent must: submit additional compliance reports or other requested information, 

which must be sworn under penalty of perjury, and produce records for inspection and 

copying. 

B. For matters concerning this Order, representatives of the Commission are authorized to 

communicate directly with Respondent. Respondent must permit representatives of the 

Commission to interview anyone affiliated with Respondent who has agreed to such an 

interview. The interviewee may have counsel present. 

C. The Commission may use all other lawful means, including posing through its 

representatives as consumers, suppliers, or other individuals or entities, to Respondent or 

any individual or entity affiliated with Respondent, without the necessity of identification 

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or prior notice. Nothing in this Order limits the Commission’s lawful use of compulsory 

process, pursuant to Sections 9 and 20 of the FTC Act, 15 U.S.C. §§ 49, 57b-1. 

IX. Order Effective Dates 

IT IS FURTHER ORDERED that this Order is final and effective upon the date of its 

publication on the Commission’s website (ftc.gov) as a final order. This Order will terminate 20 

years from the date of its issuance (which date may be stated at the end of this Order, near the 

Commission’s seal), or 20 years from the most recent date that the United States or the 

Commission files a complaint (with or without an accompanying settlement) in federal court 

alleging any violation of this Order, whichever comes later; provided, however, that the filing of 

such a complaint will not affect the duration of: 

A. Any Provision in this Order that terminates in less than 20 years; 

B. This Order if such complaint is filed after the Order has terminated pursuant to this 

Provision. 

Provided, further, that if such complaint is dismissed or a federal court rules that Respondent did 

not violate any provision of the Order, and the dismissal or ruling is either not appealed or 

upheld on appeal, then the Order will terminate according to this Provision as though the 

complaint had never been filed, except that the Order will not terminate between the date such 

complaint is filed and the later of the deadline for appealing such dismissal or ruling and the date 

such dismissal or ruling is upheld on appeal. 

By the Commission. 

April J. Tabor 

Secretary 

SEAL: 

ISSUED: 

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