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Organo Gold International Inc
Established in 2008, ORGANO GOLD International’s mission is to spread the riches of nature via Ganoderma products distributed via an independent distributor network.
Holton Buggs, Organo Gold International and Barry Cocheu were found liable in a jury trial for trade secret misappropriation, tortious interference with contracts, unjust enrichment and fraudulent transfer. The district court provided expert Scott Weingust with extensive latitude in framing his instructions to the jury.
Company Overview
Organo Gold International Inc. was established in Richmond, British Columbia, as a multi-level marketing company in 2008. They distribute dietary supplements and personal care items including coffee, tea, elixirs, nutritional shakes and skin care and weight loss products through an independent distributor network and sell these globally. Employees at Organo Gold have worked there an average of five years.
AmeriSciences filed suit against Organo Gold in 2008, accusing them of misappropriating trade secrets, making false health claims, misleading advertising practices, and engaging in pyramid schemes. The dispute was eventually settled out of court in 2009 when AmeriSciences paid Organo Gold $3.6 million as damages.
Organo Gold appealed the verdict and claimed an increase in punitive damages from $4 Million to $10 Million, in accordance with Organo Gold’s appeal of said verdict.
The appeals court determined that there was insufficient evidence to support the jury’s finding of liability for unjust enrichment or breach of fiduciary duty, while upholding their award of $3 Million compensatory damages. Therefore, the case was sent back down for trial on other counts.
Appellants asserted that the district court lacked personal jurisdiction over them since there was no connection between their conduct and that alleged in the complaint and this state. Furthermore, they asserted that no federal laws had been broken. Finally, they claimed the judge erred by not considering testimony from expert witnesses.
Organo Gold offers customers a 14-day window in which to cancel orders without incurring any penalty or being penalized in any way. To cancel, customers should make it clear they wish to do so by writing down or verbalizing this intention – organo Gold provides a model cancellation form; any clear statement will suffice. This cancellation policy applies both online and telephone orders placed with them; once we receive notification of cancelation we’ll refund both goods and shipping costs accordingly.
Company History
Organo Gold International Inc, is a multi-category food and beverages company with expertise in tea, coffee, nutritional powders, grape seed oil and body care products. Headquartered in Ferndale Washington and boasting offices on five continents – Organo Gold is among 696 companies competing with them and ranks 47th on Tracxn Score; they have secured funding over 94 rounds from 104 investors for more than $1.33B total investment raised thus far.
Since 2010, this company has provided gourmet coffee, green tea, vitamins, jabons and other health-related supplements worldwide through independent distributors. Their primary product, Ganoderma lucidum is famous for its medicinal properties; other offerings include organic red and green tea as well as coffee as well as goji juice.
AmeriSciences was an MLM that sold weight management products and nutritional supplements. By November 2011 its debts exceeded its assets by almost $3 million, prompting Cocheu and Gallardo to talk with Holton Buggs about buying AmeriSciences and merging it with Organo Gold (another MLM offering coffee, weight loss drinks and other products).
MLM industries can be notoriously challenging and fraught with controversy. Aside from an intricate legal environment, these businesses require extensive networking and sales efforts for success; furthermore they may become vulnerable to litigation from disgruntled former distributors or competitors.
Buggs and his associates used the Distributor Information Database of AmeriSciences to market Organo Gold’s products. This database contained personal details on distributors such as their upline number, address, email, phone number, Social Security Number, username and password entry date time rank lifetime ranking information; according to Weingust this information could easily be classified as trade secrets.
After a jury trial, Rodney Tow, AmeriSciences’ bankruptcy trustee, received a final judgment awarding him compensatory damages of over $3,461,166 from Appellants and co-conspirators for misappropriating trade secrets, tortious interference with contracts, unjust enrichment, and fraudulent transfer. They have filed motions seeking to exclude the testimony of Tow’s damages expert as well as dismiss the action altogether.
Company Products
ORGANO offers a selection of premium health, wellness and beauty products designed to promote balance, freedom and well-being in its consumers. ORGANO’s signature product is its coffee grown in Vietnam’s mountains that is enhanced with Ganoderma Lucidum; in addition to this offering they sell skincare and personal hygiene items as well.
The website for the company allows visitors to post content such as reviews, comments, photos and e-cards; customers can submit suggestions, ideas and questions as well. Unfortunately, however, users who wish to post illegal, obscene, threatening, defamatory, invasive of privacy infringing intellectual property rights, offensive material or anything containing software viruses or harmful components will be prohibited from doing so on this site.
According to the company, its products are distributed via independent Distributors and retail outlets under their brand. Their global network currently covers over one million customers; their mission is to help people discover treasures of earth by giving them opportunities to earn significant income by selling its health, wellness and beauty products.
On March 19, 2015, a Florida resident filed a civil action against Organo Gold International Inc, Organo Gold International LLC, and Organo Gold Management Inc (collectively known as “Organo”) in New Castle County Superior Court alleging injuries caused by his consumption of Organo’s coffee which contained the Ganoderma Lucidum fungus and was causing weight loss, stomach pain, and other side effects.
In the case at hand, the jury found Defendants guilty of misappropriating trade secrets, tortious interference with contracts, unjust enrichment and breaching fiduciary duty; AmeriSciences bankruptcy trustee received compensatory damages of $3,461,166 from this jury verdict.
The beU Essentials include a skincare range featuring cleanser, moisturizer and serum designed to give skin an enviable fresh, healthy glow. There are also supplements packed with proteins and other nutrients as well as an energy/satisfaction-enhancing nutritional shake mix mix for energy and satiety.
Company Policies
As a general policy, our company does not sell or rent your personal information to third parties; however, demographic information about its users (not including names, addresses, phone numbers or emails addresses) may be collected. This data helps our team enhance products and services as well as deliver customized content and offers to you directly; plus it’s used to verify who reaches out when calling our help line.
If you have concerns about your privacy, please read through and consult the company’s privacy policy. For inquiries regarding the policies’ implementation or enforcement, you can reach the Privacy Officer by dialing 1-800-668-4623, or you can write them at OG Int’l Inc, 5000 East 175th Street Suite 200 Seattle WA 98102.
Return policies at this company are straightforward. Any product in resalable condition can be returned up to one year from purchase date in Montana (no time limit applies here), with independent distributors receiving 90% reimbursement of net cost after deducting appropriate setoffs and legal claims.
Defendants are network marketers and distributors of Ganoderma Lucidum-derived products called Organo Gold. Organo Gold markets its offerings as healthy alternatives to coffee. Unlike many multilevel marketing cults, Organo Gold does not require its distributors to open accounts with the Department of Hacienda or pay taxes on them.
Holton Buggs, a Texas resident working as a “Crown Diamond Marketing Associate.” Organo’s website states that Buggs is one of the company’s top earners and serves as their Vice President of Sales.
Plaintiffs allege that Defendants violated their Promotion Agreement by failing to make counsel available for Hong Kong defendants appearing in United States proceedings and breaching promotional obligations by pitching Organo products to AmeriScience distributors thereby violating free competition rights and unfair business practices. Although Defendants contend their actions did not break the law, however the court sided with plaintiffs in all matters and upheld non-compete clauses as being legally permissible and did not abuse their discretion when imposing them.