False Advertising and Consumer Protection
By Consider The Consumer on 10/08/2021
Kyani Inc.; Products, Services, and Lawsuits
Kyani, Inc. is an MLM (Multi-level marketing) company situated in Idaho that sells nutritional supplements. Founded in 2005 by the Hansen and Taylor family, their goal was to assist individuals in achieving financial success while maintaining physical health.
Kyäni, as well as its CEO Michael Breshears and 100 unidentified co-conspirators, are accused of operating a pyramid scheme. The company prioritizes recruitment over product sales; Kyäni and its management offer a ton of ridiculous financial claims, ranging from receiving a company car to earning millions of dollars.
Is kyani a pyramid scheme?
Multi-level Marketing (MLM), also identified as network marketing, is the practice of individuals selling things to the general public – frequently through word of mouth and direct sales. The MLM strategy’s core principle is to promote the product’s greatest number of distributors and grow the sales force exponentially.
Thus, the compensation plan in multi-level marketing is structured in such a way that commission is paid to individuals at various levels when a single sale is made, and the commission is based on the overall amount of sales generated.
Meanwhile, pyramid schemes are fraudulent schemes posing as a multi-level marketing strategy. The significance between a pyramid scheme and a genuine MLM program is that a pyramid scheme does not involve selling a tangible commodity. Participants strive to earn money purely through the recruitment of new participants.
These schemes are defined by the promise of sky-high profits in a short period for doing nothing more than turning over your money and convincing others to do the same.
Yan Guo v. Kyani Inc. (November 2017)
One of the most significant class action lawsuits Kyäni received was from plaintiff Yan Guo. The company was allegedly operating a pyramid scheme.
The lawsuit was filed in a federal court in California; it argued that Kyani prioritizes recruiting over product sales and that Kyani and its officials offer a variety of false financial promises, ranging from receiving cars to earning in millions.
The 50-page amended complaint is filled with allegations of fraudulent labeling, inventory loading, international law violations, illegal health claims, and foreign government operations against Kyani. However, the primary charge is that defendants, including creator Michael Breshears and 100 unknown defendants who are members of the leadership team, operate an illegal pyramid scheme.
Kyani responded to the lawsuit stating that the complaint legally lacks substance and is also containing deliberate misleading statements.
Further, Kyani also stated that the plaintiff’s counsel does not appear to have a firm grasp on the company, the direct selling industry, or the boundaries of federal pyramid scheme law. The company recently targeted a significant number of direct sellers without apparent consideration for the distinct qualities or characteristics of any direct seller’s products, compensation plan, or business practices.
Triangle of Health: Wild Alaskan Blueberry, Noni Fruit, and Swiss Apple – Sunrise, Nitro FX, and Sunset
Kyani products, also known as the Triangle of Health, consists of Wild Alaskan Blueberry for the Kyani Sunrise, Uttwiler Spätlauber for the Kyani Sunset, and Noni fruit for the Kyani Nitro FX.
The Wild Alaskan Blueberry is highly prized for a phytochemical called anthocyanin, a powerful antioxidant found in the fruit’s skin and responsible for the fruit’s distinctive color.
Noni fruit came from a fruit-bearing tree in the coffee family commonly found across Southeast Asia and Australasia and was carried by Polynesian seafarers across the Pacific.
Uttwiler Spätlauber is a variety of apple that is renowned for its ability to retain its freshness long after it has been harvested from the tree.
Wild Alaskan Blueberry – Kyani Sunrise
Kyani utilizes the Wild Alaskan Blueberry to construct Kyani Sunrise and claims that its benefits include the promotion of maintaining cardiovascular health, blood sugar level, and joint flexibility. Also added to the list are promoting energy, healthy stress management, and supporting:
- brain function
- cellular health, and
- cognitive function
Noni fruit – Kyani Nitro FX: nitric oxide production
Kyäni utilizes the Noni fruit to construct Kyani Nitro FX and claims that it contributes to the body’s nitric oxide production, promotes energy and circulation, facilitates healthy inflammatory response, and maintains cardiovascular health and immune system.
In addition to that, Kyani also stated the product supports:
- cognitive function
- healthy sexual function
- brain function, and
- nutrient delivery and absorption
Uttwiler Spätlauber – Kyani Sunset
Kyäni states that the botanicals found in the Uttwiler Spätlauber apple protect the fruit against oxidative stress and inflammation caused by ultraviolet ray exposure while also acting to counteract the effects of photoaging.
Kyani utilizes the fruit to construct Kyäni Sunset and claims that it’s a lipid-soluble vitamin supplement that contains omega-3 fatty acids, tocotrienols, and astaxanthin. Kyäni Sunset soft gels have significant benefits for cardiovascular health and cognitive brain function, the company added.
Kyäni as an MLM
Kyani is a legal multi-level marketing company that has been in operation since 2005, formed by Kirk Hansen, Jim Hansen, and Carl Taylor. Although the corporation is based in Idaho Falls, Idaho, it also operates in Canada, Australia, and New Zealand.
Furthermore, Kyani, Inc. has an A+ rating with the Better Business Bureau and is highly regarded by its consumers. Its products are sold throughout Europe, including Austria, Belarus, Belgium, Croatia, the Czech Republic, and Denmark.
In addition, distributors for the company are also located in China, India, Japan, Kazakhstan, Malaysia, and other Asian countries.
Moreover, the company markets its product around the world. It is sold in South American countries such as Colombia, El Salvador, Guatemala, and Mexico. Lastly, it has a major presence in a number of Caribbean countries and a number of countries in Oceania.
While Kyäni is a genuine multi-level marketing organization, it does have aspects of a pyramid scheme where the people on the top tier generate the highest profit. Meanwhile, people in the lower tier will either earn less money or lose their entire investment. The latter is what often occurs when a person joins a multi-level marketing business.
Multi-level marketing is a contentious marketing strategy for the sale of products or services in which the MLM company earns revenue from a non-salaried workforce selling their products or services, and the participants earn money through a pyramid-shaped or binary compensation commission structure. A multi-level marketing technique could be perceived as an illegal pyramid scheme.
People authorized to sell the company’s products or services are called distributors; they are non-salaried independent participants. Meanwhile, downline are the distributors who have been recruited to the direct sales organization by another distributor.
Distributors earn their own direct retail profit from consumers in addition to business commissions through a multi-level marketing compensation plan that is dependent on the number of products sold via their own sales efforts as well as those of their downline organization.
The Federal Trade Commission (FTC) of the United States suggests that people avoid multi-level marketing systems that compensate distributors for recruiting new distributors. Further, commission-based programs that reward distributors for recruiting new distributors eventually fail when no new distributors can be recruited. When it collapses, most people will walk away empty-handed, the commission added.
What are the benefits of Kyani?
Kyäni claims that with its business opportunity, individuals can earn money on their own terms. The company added that it understands the frustration that comes with juggling the responsibilities of the job and home life and how to fit everything in.
Furthermore, Kyani states that its one-of-a-kind business opportunity gives a solid foundation, as well as the necessary tools and training to launch your own part-time job. Claiming that their “Business Partners” will have the flexibility to work when and how they want.
The company’s promises to their partners include:
- Owning their own business
- Having control of their time
- Contributing to others’ well-being
- Put together a group of like-minded partners
Living Life on Own Terms
Kyani Inc. stated that they developed a partnership opportunity that enabled hundreds of thousands of people in more than 50 countries to supplement their income through their own businesses on their own terms. Kyäni offers numerous opportunities to make an additional income by assisting people in taking control of their health and nutrition.
The company suggests that their business partners earn more money depending on the sales the business partner and their team generated.
Kyani’s Three-Step Approach to Success
The company claims they believe in a three-step strategy for building a successful Kyäni business.
With its unmatched health and wellness products as a foundation, one will be well-positioned to assist people in discovering the Healthy Living lifestyle while also benefiting from the knowledge and experience of the team and mentors.
By taking consistent, daily actions, business partners can grow their business at their own pace.
The three steps are:
- To partner with Kyani
- Follow the team and mentors, and
- To be consistent with daily activities in business building
Partner with Kyani
Proper nutrition is critical to overall health and well-being. Kyäni has created a simple nutritional approach that has aided hundreds of thousands of people around the world in achieving maximum health.
The obvious benefits that people experience continue to assist in expanding Kyäni’s dedicated customer base, which provides an exceptional and perhaps lucrative business opportunity for those who collaborate with Kyani.
As a Business Partner, one may be confident in supplying high-quality items that have the potential to improve lives – included! This enables Kyani to attract even the most qualified business partners. Kyani is constantly innovating by introducing new goods, business tools, and the training necessary to grow a flourishing business.
Follow the Team and Mentors
According to Kyäni, the key to a successful business is to have someone with history and expertise, someone who can offer new ideas, and someone who will push and monitor progress.
In addition, a mentor and being part of a team have proven to be significant advantages for entrepreneurs. One’s mentor could be the individual who sponsored a business partner or another team leader.
Furthermore, the mentor and team can assist the business partner in replicating the mentor’s success and achieving the business goals. If the method is followed correctly in the necessary effort, partners can potentially earn more money.
To be Consistent with Daily Activities in Business Building
Kyani pointed out that being consistent with everyday business-building actions, business partners may earn the income they desire while enjoying the freedom that entrepreneurship provides. They can own their business without it owning them, with minimal investment and dedicated effort.
Moreover, Kyani started to take advantage of the independence that comes with working at one’s own hours and focusing on the things that truly matter. Everyone’s physical and emotional health, friendships and family relationships, and time to actually live are what matters most, the company added.
How much does Kyani cost?
When you join Kyani, recruits must purchase a product pack from a selection of three options ranging from $399 to $1,299 in price. In addition, an $89 distributor pack must be purchased, which contains business training materials.
Then, for an additional $12.50, the company offers an optional bundle of web tools that includes Kyani back-office management tools and a custom website to assist in running one’s business online.
Business Pack
The Business Pack is $399 and includes everything needed to get started, including:
- Kyäni Sunrise 30 (1oz Packets) x 1
- Kyäni Sunset 90 (Count Bottle) x 1
- Kyäni Nitro Xtreme (15ml, 8 Pack) x 1
- Kyäni 7-Day Triangle of Health; Trial Pack x 2
- Kyäni – Business License x 1
- 6 Months of Kyäni (PRO) x 1
- After six months, you will be invoiced semi-annually at the discounted rate of $89.00, which you may cancel at any time.
Business Builder Pack
The most popular package is the Business Builder, which costs $599. It includes:
- Kyäni Sunrise 30 1oz Packets x 2
- Kyäni Sunset 90 Count Bottle x 1
- Kyäni Sunset 30 Packets x 1
- Kyäni Nitro FX 15ml 8 Pack x 1
- Kyäni Nitro Xtreme 15ml 8 Pack x 1
- HL5 x 1
- Fit20 x 1
- Kyäni Business License x 1
- 6 Months validity of Kyäni PRO
Business Premium Pack
The Premium Business Builder package, which costs $1,299, is the company’s biggest option; it includes the following:
- Kyäni Sunrise 30 1oz Packets x 3
- Kyäni Sunset 90 Count Bottle x 3
- Kyäni Nitro FX x 1
- Kyäni Nitro FX 15ml 8 Pack x 2
- Kyäni Nitro Xtreme x 1
- Kyäni Nitro Xtreme 15ml 8 Pack x 2
- HL5 x 3
- Fit20 x 6
- Fleuresse Go Kit 5 x 1
- Kyäni Business License x 1
- 6 Months validity of Kyäni PRO
- 6 Months validity of Kyäni Prime
- 12 months of exclusive access to the Kyani Digital Suite’s business-building tools.
- Convertible points into income commissions.
Is Kyani legitimate?
As far as the reports concern, Kyani is officially a legal company, but its business functioning is usually associated with an illegal pyramid scheme.
Editor’s Note on Kyani MLM Review – Everything You Need To Know About Kyäni’s Alleged Pyramid Scheme:
This article is published to give you an overview of Kyani Inc.’s alleged pyramid scheme, history, products, and opportunities.
Case Name & No.:Guo v. Kyäni (C. D. CA., 17-cv-8257)
Jurisdiction:United States District Court Central District of California, Western Division
Products/Services:Kyani Inc. membership
Allegations:Alleged pyramid scheme posing as a multi-level marketing strategy.
Status:Arbitration granted; Appeal filed
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