Organo gold is a multi level marketing company offering coffee and other health supplements containing Ganoderma Lucidum as products sold through distributors who earn commission for recruiting new customers to join.

Cocheu and Buggs transferred AmeriSciences’ distributor network and WMS software without payment to Organo Gold without consideration, engaging in fraudulent transference that would allow jurors to find they unlawfully enriched themselves.

Product Information

Organo Gold, founded by Bernie Chua in 2008, is a multilevel marketing corporation. Their key products help address type two diabetes, hypertension and weight loss; plus they may improve general health as well.

The lawsuit alleges that defendants utilized social media to promote Organo Gold products and recruit new distributors, in violation of various federal laws such as Racketeer Influenced Corrupt Organizations Act and California’s Consumer Fraud Act. They deny these allegations and ask that they be dismissed altogether.

According to the lawsuit, ARMS and Norman are required by their Distributor Agreements to make themselves available for Organo Gold appearances and provide information to new Distributors regarding Organo Gold products and the company itself. Furthermore, ARMS and Norman agree not to recruit Distributors into associations that compete with Organo Gold by offering Ganoderma products – all provisions which have been found reasonable by the Court and should be upheld.

Products manufactured by this company are based on Ganoderma Lucidum fungus, known for its medicinal qualities. Historically used and scientifically validated, Ganoderma Lucidum may help relieve chronic respiratory problems, high blood pressure, depression and stress relief.

As part of their product offerings, this company also produces products designed to increase energy and productivity as well as help people sleep more soundly. They come in various sizes with all natural ingredients.

Organo Gold’s products contain many natural ingredients; however, some chemicals have been identified as hazardous. Some have even been linked with cancer, heart disease and birth defects; it is therefore important that consumers read labels carefully and avoid products with these harmful chemicals.

Before participating in Organo Gold, it is imperative that you read and agree to its Terms of Use carefully. These legal conditions have the power to affect your rights; you must agree to them before joining. In some cases, you may also be required to sign a Distributor Agreement so as to become an independent distributor partner with our company.

Product Claims

This company claims their products to be healthy alternatives for traditional coffee, using Ganoderma Lucidum fungi in their products as an ingredient. Unfortunately, their claims have caused considerable debate, leading one Florida man to file a civil action against them in March 2015 alleging serious side effects caused by drinking their coffee and failing to properly disclose its Ganoderma Lucidum content.

Marlin Johnson filed suit against Organo Gold International Inc, Organo Gold International LLC and Organo Gold Management Inc (collectively known as “Defendants” in Delaware) in New Castle County Superior Court for injuries caused by drinking Organo’s coffee which contained Ganoderma Lucidum fungi that led to weight loss, stomach discomfort and other side effects.

Defendants denied all allegations made against them, arguing they had not violated state or federal laws and that the district court lacked personal jurisdiction over them. Furthermore, they claimed the jury failed to properly consider evidence presented at trial; furthermore they alleged their jury charge failed to include questions concerning unjust enrichment and breach of fiduciary duty claims.

Defendants also claimed that the jury found them wrongfully liable for fraudulent transfer, and furthermore claimed that district court instructions did not properly explain that Cocheu and Gallardo should be found as transferees by them.

Defendants’ motions for judgment as a matter of law and for a new trial were denied, the jury’s verdict upheld on appeal, and punitive damages of $10 Million awarded in addition to compensatory damages of $3 Million. When challenged on appeal by company arguing jury had committed fraud or breached fiduciary duty without justification; appeals court disagreed and reinstated jury verdict with attorney fees and costs assessed at $1.8 Million against them as part of decision.

Reputation

Organo Gold is a multilevel marketing company with regional offices on five continents, offering products such as coffee, tea and health supplements made with Ganoderma lucidum mushroom which boasts powerful antioxidant properties. Products sold directly through independent representatives known as Independent Representatives or through retail outlets. Furthermore, Organo Gold provides training and support services to assist IRs build their businesses.

The Complaint alleges that defendants engaged in racketeering activity, seeking to certify a class of all Delaware residents who purchased Organo Gold products without being given adequate warning about potential dangers associated with Ganoderma lucidum. Furthermore, defendants breached their agreements with plaintiffs by recruiting them into associations which compete against Organo Gold’s sale of Ganoderma lucidum products.

OG has earned itself an outstanding reputation due to the quality and dedication of both its products and staff. With international teams working diligently on production consistency and employee knowledge ensuring outstanding service delivery for its customers.

OG has expanded beyond coffee to introduce other products like reishi mushroom extract that can lower cholesterol levels, treat liver disease symptoms and prevent vascular closure. Their products also include ginseng for increased focus and energy.

Distributors for this company hold conferences worldwide to recruit new members. Incentives and contests help increase sales; additionally, training sessions help develop business skills.

Trademo Intel provides daily import-export insights for Organo Gold Enterprises Inc using Bill of Lading and Customs Declaration data, helping you analyze these reports thoroughly. Utilize this information to identify key contacts within Organo Gold Enterprises Inc and understand its global trading activities.

The Court finds that Rasmussens and their LLC, Titan Global, were participants in a multilevel marketing enterprise for the sale of goods and services where Independent Representatives receive commissions both from their own sales as well as those made by primary recruits into their downline and secondary recruits recruited by them; additionally Defendants as principals of competing multilevel marketing enterprises had recruited Rasmussen’s network of downstream IRs away from Titan Global to Organo Gold instead causing harm to Titan Global; therefore this harm would class membership under RICO and hence Titan Global was held to be “member of class for RICO purposes”.

Company Policies

At our core, we are committed to protecting your privacy and offering you a secure online experience. In order to do this effectively, however, we require some information about you such as your name, email address, telephone number and demographic data (anything which identifies an individual not otherwise publicly available).

We may use the information we collect about you to provide services and enable participation in features on our website, as well as inform you about other products or services which we think may be of interest. In addition, we may contact you via email for research purposes on the effectiveness of our website and services and for other business-related reasons – but at any time you can opt-out from these communications at your discretion.

Multilevel marketing enterprises allow independent salespeople or businesses to receive commissions not only from their own sales but also for those of recruits recruited by them – from primary IRs whom they recruit directly, secondary IRs recruited from those primary IRs, etc. The Rasmussens ran a Titan Global franchise and recruited numerous downstream Independent Representatives (IRs). Organo Gold conspired against Titan Global franchise by recruiting these downstream IRs away.

The Court finds that defendants’ conduct falls within the scope of RICO statute and establishes a pattern of racketeering activity, specifically when they tampered with Titan Global contracts and recruited its distributors over to Organo Gold. Furthermore, harms caused by organo Gold’s purported poaching have been found severe enough for finding liability against defendants.

Furthermore, the Court finds that defendants’ non-compete clauses are enforceable when applied to Plaintiffs. Signed as part of the Distributor Application and Policies and Procedures documents, these non-compete clauses prohibit terminated distributors from “participating in any opportunity that directly competes with Organo Gold in offering Ganoderma-based products,” an actionable restriction. Furthermore, this Court rejects defendants’ argument that their non-compete clauses violate Washington law as unenforceable agreements.