A new discussion list has been created that will allow all Seasilver distributors and customers, who want to insure that Seasilver continues to be available to the public, to openly discuss the recent actions of the FTC against Seasilver.
This list is FREE and you can subscribe now by sending any blank email to:
fightforseasilver-subscribe@yahoogroups.com
by Phil Zulli...
I think it is very important that distributors and customers hear all the facts regarding the FTC action against Seasilver.
Several newspapers and TV stations across the country have picked up the story. The reportage until today has been largely negative and often inaccurate and incomplete. Remember that bad news sells newspapers.
Some of the inaccuracies include statements of company earnings vs. gross sales, and confusing Seasilver with colloidal silver products, which contain inorganic metallic silver. One newspaper reported that Seasilver PILLS were seized. The reports of “sanitation problems at the company's production facility last year” fail to mention the new 36,000 sq. ft. state-of-the-art manufacturing facility built this year. And before Seasilver has had its day in court, and before the company has been found guilty of anything, some newspapers are reporting it as health fraud !
Many of the inaccuracies are due to the inflammatory FTC press release issued on Thursday. In it, FDA Commissioner Mark McClellan is quoted as saying, "This is the sort of intolerable health fraud I had in mind when I announced six months ago that the FDA will take vigorous actions against firms that prey on consumers and patients by selling worthless dietary supplements as cures for serious and chronic diseases and conditions."
It is hard to understand how an FDA official can refer to organic aloe vera, sea vegetables, Pau D’Arco, and cranberry concentrate as a “worthless dietary supplement”. Anyone interested in the truth could do a simple internet search and in just a few minutes discover the acknowledged benefits of these ingredients. Or they could just ask some of the tens of thousands of satisfied customers how they feel about Seasilver’s benefits.
Healthcare professionals who regularly recommend appropriate nutritional supplements for their patients recognize these FDA tactics. It was very common ten years ago for supplements to be subjected to these kinds of attacks. That changed when the Dietary Supplement Health and Education Act of 1994, passed unanimously by the 103rd Congress on Jan. 24, 1994, found that “the importance of nutrition and the benefits of dietary supplements to health promotion and disease prevention have been documented increasingly in scientific studies; and that there is a link between the ingestion of certain nutrients or dietary supplements and the prevention of chronic diseases such as cancer, heart disease, and osteoporosis.”, and that, “although the Federal Government should take swift action against products that are unsafe or adulterated, the Federal Government should not take any actions to impose unreasonable regulatory barriers limiting or slowing the flow of safe products and accurate information to consumers”.
It is my opinion, and the opinion of untold numbers of healthcare professionals, nutritionists, healthfood store owners, and experts who have studied the issue that pharmaceutical companies and other interests wield undo influence when it comes to regulatory activity. The FTC action, and FDA comments regarding Seasilver this week seem to indicate a return to pre-DSHEA era tactics to limit the sales of beneficial nutritional supplements. It was a strong public response that was responsible for DHEA being passed in the first place. I hope to see a similar public response to the latest regulatory abuses.
I would also add that it is my belief that some of the specific statements made by Seasilver in its literature and on distributor websites were not to the letter of the law. However, I do not believe that it was an attempt to misrepresent the benefits of the product. Instead, I believe that is was simply keeping pace with the general tone of claims and representations made in today’s marketplace. Many well-known companies have become a little lax in their strict adherence to the letter of the law regarding claims. And if you look at the really outrageous claims made for some of the poor quality nutritionals and health products on the internet, on TV shopping networks, and in direct mail pieces, you have to wonder why Seasilver was singled out and attacked so strongly.
As distributors, we know that Seasilver was in the process of voluntarily revising its product book and that the distributors responsible for the infomercials were in the final stages of producing new ones. So why the strong-arm tactics by FTC? My conclusion is this – Seasilver produces great results for the people who use it and its fast-growing popularity threatens certain business interests that have the ability to affect regulatory action. That is my opinion, having seen this type of thing happen frequently over the last 20 years.
As the news stories continued, they have become more fair and balanced. Today’s article in the North County Times, which serves the San Diego California region where Seasilver has its headquarters, reflects some of the popular support for Seasilver. The article states “Seasilver has its supporters. Many callers have told reporters that they were angry at the publicity of the last week because the dietary supplement, in their view, had worked wonders in their lives.”
The article talks about the layoff at the factory due to the FTC freezing the assets of the company, and quotes a representative from a local temp agency that supplies 200 customer service reps for the Seasilver company. “Seasilver paid its bills on time but the receiver appointed to take over the company's assets put a stop to that, she said.”
The article also reports, “Almost without exception, even when they say nothing else, employees express affection and admiration for the father-and-son team (Bela and Jason Berkes who run the company).”
For the complete news article, use this link - http://www.nctimes.net/news/2003/20030620/60654.html
I am looking forward to next Thursday’s court date when Seasilver has its chance to defend itself against the charges. In the meantime, if you are a satisfied user of the product, I encourage you to write a short email about it. Don’t include any disease condition that may have improved during your use of the Seasilver product; just write that you are a satisfied Seasilver customer who enjoys using the product and that you want to make sure that you can buy it again quickly. Send the email to your congressman, to the FTC, to the FDA, and to your local newspaper. Send a copy to Seasilver! Use your rights as an American citizen to stand up for what you believe in. We are fortunate to have those rights. If you don’t express what you want, someone else may decide it for you.
Be sure to tell all of you customers and distributors about this issue. And when this is all over in a week or so, you can be proud that you showed your support. Soon, everyone will have the chance to hear about the true benefits of this remarkable nutritional supplement called Seasilver.
PHIL ZULLI
My name is Phil Zulli and I want to offer some comments on the significant events that are happening with Seasilver this week. Once you understand the history of these kinds of actions, and the way Seasilver has responded to the challenge you'll be excited about our future.
I have been a full-time networker of nutritional and natural health products for more than 18 years, and a national trainer since 1989. I produced and hosted the top recruiting conference calls for some of the fastest growing companies in the early 90's. I have also served as VP Sales for an MLM company, and I do consulting work for the industry. I have experienced first hand what happens both out in the field, and inside a company during the ups and downs of the network marketing process.
I am a brand new Seasilver distributor. I joined last Thursday June 12th, so I have no downline or customers to protect. And no one from Seasilver asked me to write this. My comments are unbiased, based on my years of experience.
I finally made the decision to join Seasilver after watching its growth for 3 years. I am excited to be a part of a solid well-run company, with a truly beneficial whole-food organic product that has captured the imagination of the American consumer. I have always been a strong advocate for natural health, it is my passion.
My marketing challenge in recent years has been to create an awareness of, and desire for, quality nutritional products in a marketplace where cheap, inferior products sell off the shelves in Wal-Mart and local supermarkets like hotcakes.
As I watched Seasilver explode in sales 2000% in the last two and a half years I was impressed. It's not just the product; it's the total package. Seasilver's remarkable attention to servicing its customers and distributors has set a bold new standard in our industry. The compensation plan is simple to understand, provides up-front money without ripping people off on "training" expenses, and provides a very significant residual income for anyone who consistently works the business by introducing new people to the product. And the smart investments on infrastructure, like multiple distribution centers and phone centers, ensure the long-term vision.
Seasilver is an amazing 21st century company!
I write this to speak to visitors to this forum who are trying to understand what this FTC action means to their business. I want to tell you that I am Certified by the American Nutraceutical Association to train MLM distributors and others on proper marketing methods and language under DSHEA, the Dietary Supplement Education Act of 1994.
It is my opinion that the marketplace in general has become very lax regarding claims made for nutritional and natural health products. There are many companies that are way over the top when it comes to health claims. Seasilver was not singled out because it's claims were the most grievous violation of the written laws, they are not. This action comes because of Seasilver's high visibility and success in the marketplace.
Also remember this; it is not an issue of whether the claims are true or not, it is simply an issue of whether the law permits it. There is a big difference between those two things. I believe that Seasilver's health claims are true.
There is also a difference between claims made by the company, and claims made by distributors in the field. The internet has given an international voice to anybody who can type. As distributors, we must respect the law and protect our opportunity. If you have a website that promotes Seasilver, please remove all claims and testimonials until the company approves your site. And please comply with requests to send your brochures or literature back to the company for replacement if asked. These things will help us get back in business quickly.
FTC again announced this year its intention to clean up false claims made on the internet. This is a good thing when it actually protects the innocent people who use the internet to make buying decisions. The action against Seasilver is a part of this larger campaign to send a message to all companies. Seasilver, by virtue of its phenomenal growth, was an irresistible target. When Seasilver reaches its agreements with FTC regarding labeling and marketing materials this week or next, it will be back to business, with a smooth clear road ahead of us. That is exciting!
I am glad it happened now. It is very common for big nutritional MLM's to go through this process. I personally experienced it with Herbalife, Nikken, and a few others. Amway and Nu-Skin had their share of regulatory challenges as well. And all are billion dollar companies now. Seasilver will weather this storm more easily than those examples, I predict, and we will return quickly to bringing the Seasilver Foundational Health Program and opportunity to the consumers, who need it badly.
Be proud to be a part of the Seasilver phenomenon. Be happy that this inconvenience to us happened now instead of later. Be patient in these next few days while the details are being worked out. You know what Seasilver is and what it can do, and that won't change. The wonderful contents of the bottle were never in question; just the marketing materials. Remember that some of these regulators still reflect the same thinking as the pharmaceutical companies did 20 years ago; that nutritionals don't work. Today, of course, the pharmaceutical companies are starting up nutritional divisions as fast as they can. I wonder why the big pharmaceutical company owned nutritional companies never get caught up in regulatory action? Hmmmm
Seasilver will still give the same powerful results as it always did. We will still be able to tell people about its unique benefits. The major change will simply be the specific language we use to tell the Seasilver story, and the company will tell us exactly what is permissible.
I am more excited about the coming years with Seasilver than I have been about anything since the beginning of my career. I encourage you to keep a positive perspective and do your best to make sure that your distributors and customers who are concerned about the FTC complaint have all the facts. On the FTC website it states clearly that "The complaint is not a finding or ruling that the defendant actually has violated the law. The case will be decided by the court." That court date is next Thursday and when Seasilver is given the chance to defend itself, this bump in the road will be behind us. The new labeling is already being printed.
The phenomenal growth of Seasilver is supported by the vision and actions of Bela Berkes and the excellent team he has assembled; but it is driven by us, the distributors. It is our enthusiasm for the product results, our desire to help the people around us understand the power of this foundational health program that has made this growth possible. Don't lose that enthusiasm to a regulatory action based on the FTC complaint. Remember the results you have seen with your own eyes and felt in your own bodies. And get ready to share that knowledge with everyone you can.
Most importantly, don't forget how it made you feel today when you thought it was over. Go back to work next week with a new appreciation for this wonderful opportunity that we have to really change peoples lives. I can tell you that it is rare, and precious.
Best wishes to you all as you help others to discover the wonderful benefits of Seasilver!
PHIL ZULLI
