On January 13, 2025, the FTC voted to release proposals for new regulation of deceptive income claims in MLM. The proposed "Earnings Claim Rule Regarding Multi-Level Marketing" prohibits MLM partners from making deceptive income claims and requires written substantiation for any earnings statements. Key prohibitions of the new rule: Deceptive income claims; Income claims without reasonable substantiation; Presenting MLM as an employment opportunity; Any misrepresentations that hinder obtaining truthful income information. The rule will also require MLMs to provide substantiation for income claims to anyone who requests it and to maintain records of substantiations for three years. This creates serious documentation requirements and could significantly increase companies' operational costs. Expansion of Business Opportunity Rules In parallel, the FTC proposes expanding existing business opportunity rules to "earnings opportunities," such as business coaching and investment opportunities. This means that many schemes that previously avoided regulation will now fall under strict control. Business coaching opportunities are defined broadly: "any program, plan, or product presented as teaching a person how to create or manage a business." Sellers of such opportunities will be required to avoid material misrepresentations and maintain records substantiating income claims. Impact Cases: Lessons from Herbalife and AdvoCare Herbalife: Restructuring for $200 Million The case against Herbalife became a turning point in the FTC's approach to MLM regulation. In 2016, the company agreed to pay a record $200 million fine and radically restructure its business. Main FTC claims: The commission accused the company of deceiving consumers by making them believe they could earn substantial money selling Herbalife products. In reality, the vast majority of distributors earned little or nothing. Key problem with the compensation structure: The FTC determined that Herbalife's system rewarded distributors for recruiting new participants and their purchases of products to advance in the marketing program, rather than for real retail demand for the products. Restructuring requirements: The settlement required Herbalife to fundamentally change its business so that participants are rewarded for what they sell, not for the number of people recruited. The company had to ensure that at least two-thirds of rewards were based on retail sales of products that are tracked and verified. The FTC also required that at least 80% of sales go to real end-users; otherwise, current payouts must be reduced. The company was obligated to appoint an independent auditor to monitor compliance for seven years. AdvoCare: Complete Shutdown of MLM Operations The AdvoCare case demonstrated an even tougher FTC approach. In 2019, the company received a $150 million fine and was completely excluded from MLM activities. Pyramid scheme mechanism: The FTC accused the company of charging consumers $59 to become a "distributor," then pushing them to recruit new distributors to build a downline instead of selling products. To receive bonuses or incentives, distributors had to become "advisors," which typically required them to spend $1,200 to $2,400 on AdvoCare products and recruit even more participants. Financial impact on participants: The FTC stated that AdvoCare promoted itself as a "lifesaving opportunity," but more than 90% of its U.S. distributors earned less than $250 per year. The vast majority of participants either received no compensation from the company or lost money. Unprecedented decision: AdvoCare became the largest company ever completely excluded from multi-level marketing. The FTC returned more than $149 million to distributors who lost money due to the pyramid scheme. Lessons for Modern MLM These cases established new standards for the entire industry: Focus on sales to end consumers: Successful MLM companies must prove that their products are bought by real customers, not just program participants to meet quotas or receive bonuses. Truthful income claims: Companies can no longer rely on top earners' success stories without providing a full picture of typical results. Documentation and auditing: New requirements for independent monitoring and documentation of all aspects of the compensation structure make compliance more expensive but necessary. Practical Steps for Network Marketing Participants Rewriting Opportunity Presentations Focus on the product, not income. Instead of promising financial freedom, concentrate on the quality and benefits of the product. Talk about how the product solves real customer problems, and present the business opportunity as an additional way to get the product at a discount. Using median data. If discussing income, use median figures, not averages. The median shows the income of a typical participant, while the average is skewed by high earnings of a small group. Including expense information. Always mention typical participant expenses: startup fees, monthly purchases, travel to events, marketing materials. Show net profit after deducting all costs. Examples of prohibited phrasing: "Financial freedom in just six months" "Work less – earn more" "The average income of our partners is..." "Quit your job and live on passive income" Showing expensive purchases without context about real costs Examples of acceptable phrasing: "Our products help solve problem X" "The median income of participants is Y dollars before deducting expenses" "Most of our partners use this as supplemental income" "Typical business expenses are Z dollars per month" Team Social Media Policy for MLM Prohibited phrasing. Create a list of phrases that cannot be used: "financial freedom," "work less, earn more," showing expensive purchases without context. Approved templates: Create a set of correct posts that the team can use. Include product usage stories, real customer reviews, educational content. Review procedure: Establish a rule that all posts about opportunities or income must undergo pre-approval by a leader. Create a checklist: Is there substantiation for claims? Does the post mislead? Are necessary disclaimers included? Storing Evidence for Three Years For each income claim, maintain a file with substantiation: where the data came from, how metrics were calculated, what expenses were accounted for. Organize the archive by dates and topics. Review substantiations every 6-12 months. Data from two years ago may not reflect the current situation, especially if products or the compensation plan have changed. Ensure documents are easy to find and provide upon request. The FTC may demand substantiation at any time, and delays will create additional problems. Restructuring Compensation Plans Review the bonus structure so that the largest payouts go for sales to end customers. Recruiting bonuses should make up a smaller portion of total payouts. Set reasonable limits on participants' purchases for personal use. If someone buys $500 worth of products per month "for themselves," this warrants additional verification. Introduce mandatory reporting on sales to real customers. Require documents: receipts, delivery confirmations, buyer reviews. Make this data the basis for calculating qualification volumes. Summary Changes in MLM regulation by the FTC in 2024-2025 present both challenges and opportunities for industry participants. Stricter requirements for income claims, mandatory documentation, and a focus on real sales to end consumers force a reevaluation of many established practices. However, these changes also create competitive advantages for those ready to work transparently and honestly. Companies and team leaders who adapt to the new requirements first will stand out against those who continue using questionable attraction tactics. The key to successful adaptation is shifting from selling a "dream" to selling real value. This means honest conversations about typical results, emphasis on product quality, and building a business based on real customer demand, not endless recruiting. The trend toward tighter control is clear. Those who start preparing now—rewriting materials, setting up document management, and restructuring motivational frameworks—will be in a winning position regardless of the final version of the regulations. The future of the MLM industry belongs to those who can combine entrepreneurial opportunities with full transparency and protection of participants' interests. FTC changes are not an obstacle to growth, but an incentive for building a more sustainable and ethical business.
