The FTC and the Direct Selling industry are clearly of the same opinion of the basic goal that the direct selling industry should prosper through effective and ethical practices. However, FTC Chairwoman Edith Ramirez emphasized new legal standards that would abandon a 40-year old gold standard, the Amway Safeguards Rule, and that would also upend and call into question decades of industry accepted business practices.

Briefly, the Chairwoman argued for:

1. Abandonment of reliance on the Amway Safeguards Rule as a key test for legitimacy.
2. Effectively creating a new legal standard patterned after those requested by the FTC in the FTC/Herbalife settlement that, in reality, may upend decades of industry accepted practices and rewrite 40 years of court legal standards.
3. The existing Court standard derives from:

(1)  Koscot … Compensation to upline should be based on sales to the ultimate user.

(2)  Amway … A program that enforces the Amway Safeguards of a retailing mandate to qualify for MLM commissions, a 70% rule that prohibits ordering unless product is sold or used and a reasonable buyback policy for inventory for terminating distributors, if effectively enforced and in conjunction with avoidance of inventory loading, is indicative of legitimacy. (Also, Amway did not challenge recognition of distributor personal use purchases as legitimate sales to the “ultimate user”.)

(3)  BurnLounge … The primary motivation for distributor purchases should be the purchase of product in reasonable amounts for resale or use as opposed to mere qualification in the program for rewards. A pyramid analysis will be “fact driven.”

1. On the FTC wish list for a new paradigm for legitimacy is:

(1)  Abandonment of the reliance on the Amway standard.

(2)  Redefining Koscot to require compensation to upline to be based on sales to the nonparticipant retail customer rather than the ultimate user.

(3)  Adopting the FTC/Herbalife settlement “punch list” of mandates in lieu of the factual analysis of “primary motivation,” called for in BurnLounge, including:

(a)    Only one-third of MLM compensation to upline should come from personal use by downline distributors, whether or not such purchases are reasonable in quantity for use by the distributor “ultimate user.”

(b)    Autoship to distributors should be prohibited.

(c)    Monthly activity volume requirements may not include any purchases by distributors.

(d)    Tracking of performance activity connected to wholesale purchasing should be banned.

Leading MLM industry expert Jeff Babener takes a closer look at what this means for the direct selling and multilevel marketing industry. Read the full article: Fact Checking the FTC’s New Legal Guidance

Visit us at www.mlmlegal.com to learn more.

• 2 million people were involved in direct selling in the U.S. during 2015.
• Those people sold an estimated $36.12 billion dollars in retail sales, an increase of 4.8% from 2014.
• 2015 revenues were higher than any other year in history.

In 2014, 18.2 million people were involved in direct selling. In 2015, that number increased by 11% to 20.2 billion people. Of those people, 28.2% were between the ages of 35 and 44. 24.9% were between the ages of 44 and 54. 20.5% of those involved were between the ages of 25 and 34. Women represent 77.4% of participates, while men represent 22.6% in 2015.

The direct selling industry continues to grow. In 2014, U.S. retail sales were $34.47 billion, and in 2015, that number increased by 4.8% to $36.12 billion. The highest sales in product group belongs to wellness products, at 12 billion dollars in 2015, around 10 billion in 2014, and roughly 9 billion in 2013. Services were the second major group of products sold with roughly 8 billion in 2015.

Geographically, the South held the highest sales at 35.7%. The West held 26.2%. The Midwest held 20.3% and the Northeast 17.5%.

Read the detailed charts for yourself at the DSA’s website.

MLMLegal.com is bustling with educational content for direct sellers and startup/existing MLM companies! Be sure to visit us often!

If you are interested in attending the Starting and Running the Successful MLM Company conference visit our conference page, view our speaker list, or get more details. All executives/owners of direct selling companies are welcome to attend. Call 800-231-2162 to register.

Our next Starting and Running the Successful MLM Company Conference takes place October 27 and 28, 2016 in Las Vegas. View our conference flyer and speaker list online. Participate in our Innovation Campaign for your chance to receive TWO FREE TICKETS to attend our next conference.

If you’re reading this blog post and the conference dates above have passed, check our website for the current conference dates.

Sign up for the MLM News Global newsletter for top headlines, news stories, scam alerts, videos, articles, and more information on the network marketing industry.

Visit us at www.mlmlegal.com to learn more.

• In 2009, 16.1 million people were involved in direct selling, compared to 15.8 million in 2010, 15.6 million in 2011, 15.9 million in 2012, 16.8 million in 2013, and 18.2 million in 2014. The increase was 8.3% from 2013 to 2014.
• In 2014, 74.4% of company distributors were women, and 25.6% were men. In 2013 that number was 74.2% for women, 25.8% for men, and in 2012, 76.6% were women and 23.4% were men.
• U.S. retail sales were $34.47 billion in 2014, $32.67 in 2013, and $31.63 in 2012.
• In 2014, 71.5% of direct sales were person-to-person, 22.4% were party plan, and 6.1% were other. Compared to 2013 when 70.2% were person-to-person and 22.5% were party plan.
• 30% of sales in 2014 were in the wellness product group. Personal care was around 15%. Services were around 22%.
• The highest sales by region goes to the South, were 37.4% of goods and services were sold. The West sold 24.3%. And, the Midwest came in third at 20.5%

The MLM industry held consistent and increasing growth from 2013 to 2014. I bet you’re thinking, “Geez! Where’s my piece of that pie!”

*Information sourced from www.dsa.org.

Visit us at www.mlmlegal.com to learn more.