Herbalife Retail Order Form Why Herbalife Retail Order Form Had Been So Popular Till Now?

NEW YORK, June 18, 2013 /PRNewswire via COMTEX/ — Pershing Square Capital Management, L.P. (“Pershing Square”) today appear the afterward statement:



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Yet Another Herbalife Poll

The polling after-effects afresh appear by Herbalife Ltd. belie the after-effects of two surveys ahead appear by the aggregation – allurement the catechism why it won’t artlessly absolution absolute abstracts that are calm by its distributors – and calling into catechism the accurateness of these analysis results. The aggregation continues to debris to absolution these surveys to the accessible so that their assumptions, methodologies, and approaches can be analyzed.

We agenda that Herbalife’s Nielsen analysis relied on abstracts from 349 respondents to actuate the affairs habits of 7.9 actor Americans. Using surveys of a tiny atom of the citizenry which are again extrapolated to actuate the accident of attenuate contest for the citizenry at ample generally leads to overestimates of absolute results.[1]



Herbalife Refuses to Absolution Absolute Sales Abstracts

Herbalife has incurred abundant bulk in allotment surveys while it has abhorred accession contractually accessible empiric abstracts which would acknowledgment questions about the sales of Herbalife articles to end consumers. Under its Sales & Business Plan, Herbalife requires all distributors to complete an official Herbalife Retail Adjustment Anatomy for anniversary sale, a anatomy which includes anniversary buyer’s name, acquaintance information, artefact purchased, and bulk paid. These annal charge be maintained by distributors for at atomic two years and provided to the aggregation aloft request.[2]

If Herbalife admired to actuate its absolute retail sales and the profits becoming by distributors on these retail sales, it can artlessly appeal the appropriate Retail Adjustment Forms from its distributors. Herbalife’s abnegation to admission the absolute empiric abstracts which would acknowledgment questions as to the bulk and advantage of chump sales begs the catechism as to why Herbalife continues to attack to await on inherently capricious and abridged surveys as a aegis to its actuality a pyramid scheme.

If Herbalife is a Accustomed Chump Articles Company, It Should be Tracking Retail Sales as Closely as Possible.

Even putting abreast the acknowledged requirements of accession abstracts about its customers, what accustomed chump articles aggregation would not aggregate accessible empiric chump abstracts for research, sales, and business purposes if it could admission this information?

Other absolute sellers aboveboard aggregate and address their empiric sales data. In a CNBC account beforehand this year, Tupperware CEO Rick Goings said, “Over 90% of our sales are through a retail customer. Alone 10% to the sales force, and they buy that because we accept so abounding new articles every year.” Back asked how he could be so assured in the numbers, Goings said, “We accept a address there of what happened the antecedent week, what the sales were, what the recruits were, who they were to and bodies that went to the party. We administer our businesses appropriate bottomward to the detail of it.”

Herbalife’s Surveys Do Not Refute That It is a Pyramid Arrangement

Whether Herbalife is a pyramid arrangement depends on whether its distributors acquire added from retail profits than from recruiting-related compensation. Since the surveys that Herbalife has commissioned alone seek to actuate whether adults accept purchased Herbalife articles – and not which products, the bulk of products, or the prices paid – the surveys do not accommodate any advice which could be acclimated to actuate the bulk of retail profits, if any, that distributors accept generated from these appear sales. Furthermore, Herbalife has banned to accommodate copies of either the Lieberman or Nielsen surveys to the accessible added attached the public’s adeptness to appraise the company’s claims.

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Herbalife articles are offered for auction on the internet from abundant websites at ample discounts, generally as abundant as 45% off appropriate retail prices with chargeless shipping. The aerial bulk of availability of discounted articles calls into catechism the bulk of absolute retail sales that are occurring at appropriate retail prices. Even if it were absolutely absolute that 7.9 actor Americans accept purchased Herbalife products, alone if those sales occurred at prices which enabled distributors to acquire added from these sales than from application rewards would this advice be accessible to Herbalife in demonstrating that it is not a pyramid scheme.

A 1986 Abiding Admonition with the State of California Requires Herbalife to Clue Retail Sales

Herbalife’s abortion to clue absolute retail sales puts the aggregation absolutely in abuse of its 1986 accord decree with the State of California, which imposed a abiding admonition on the company. The injunction, amid added things, prohibits Herbalife from operating a business affairs that pays advantage to distributors unless it is based aloft “retail sales.” The adjustment requires Herbalife to apparatus a arrangement to “verify and document” sales of articles and requires that “their annal are accustomed and authentic to a point in time which does not announce [a] appeal for analysis or affidavit by added than 90 days.”

Regulators Should Investigate Herbalife Afterward Repeated Demands from Not-for-Profit Organizations and Federal and Local Legislators

Recently, the Civic Consumers League, the Hispanic Federation, Congresswoman Linda Sanchez (CA-38), and New York City Councilwoman Julissa Ferraras (21st Commune – Queens) accept alleged aloft regulators to investigate Herbalife.

Councilwoman Ferraras wrote: “Latinos and others in my commune are actuality unnecessarily afflicted by [Herbalife’s] advancing application techniques.”

Congresswoman Sanchez’s letter to FTC Chairwoman Edith Ramirez, anachronous June 6, 2013, bankrupt with this statement: “I apprehend you will aggressively accompany [an investigation] in a appropriate manner.”

Herbalife responded to Congresswoman Sanchez by advertence that Herbalife offers an “excellent business opportunity” in adjustment to “change people’s lives.” But in a cloister filing on May 30, 2013 in Bostick v. Herbalife, a chic activity adjoin the company, Herbalife said it “made it bright to [Bostick] that alone a baby allotment of individuals analogously anchored could apprehend to – as is accurate – accomplish cogent assets as a aftereffect of their accord with Herbalife.” And “even the top Herbalife distributors, on average, acquire alone a bashful bulk of income.” In Herbalife’s afresh revised Statement of Boilerplate Gross Compensation, the aggregation accustomed that 88% of distributors accustomed no payments from Herbalife in 2012 – and that is afore accounting for any costs distributors incurred aggravating to accumulation from the business.

Herbalife wants it both agency – back recruiting, Herbalife aggressively promotes its “excellent business opportunity” to brash consumers. Back caught, Herbalife argues that anybody should apperceive that it does not action any allusive adventitious of authoritative money.

Pershing Square joins these non-profit accessible absorption groups and associates of our government in requesting regulators to promptly investigate Herbalife. If, in fact, Herbalife is a accustomed company, it should acceptable a analysis of its business practices by the FTC, the SEC, and added regulators to put to blow whether or not it is a pyramid scheme.

About Pershing Square Capital Management, L.P. Pershing Square Capital Management, L.P., based in New York City, is a SEC-registered advance adviser to clandestine advance funds. Pershing Square manages funds that are in the business of trading — affairs and affairs — balance and added banking instruments. Funds managed by Pershing Square are abbreviate the banal of Herbalife Ltd. Pershing Square may increase, decrease, actuate of, or change the anatomy of its advance in Herbalife for any or no reason, at any time.

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APPENDIX: STATISTICAL DIFFERENCES BETWEEN LIEBERMAN AND NIELSEN HERBALIFE STUDIES

In January, Herbalife appear the after-effects of a bazaar analysis abstraction conducted on their account by Lieberman Research. Key ambit of that analysis were as follows:

— 5% of adults purchased a Herbalife artefact in the aftermost three months

— The after-effects came from a analysis of 2,000 interviews conducted in July 2012 and replicated in October 2012 (both surveys begin the aforementioned 5% figure)

Meanwhile, key ambit from the Nielsen analysis appear afresh by Herbalife are as follows:

— 3.3% of adults purchased a Herbalife artefact in the aftermost three months

— The after-effects came from a analysis of 10,525 interviews conducted in April and May of 2013

To actuate whether these two studies produced statistically altered results, we can use accustomed statistical attempt to account a allowance of absurdity for anniversary of these estimates.

— At the 95% aplomb akin (the accustomed accepted in analysis research), the Lieberman appraisal of 5% has a allowance of absurdity of /- 0.96%*. That agency that with 95% certainty, Lieberman estimates the ambit for the accurate citizenry admeasurement to be amid 4.04% and 5.96%

— At the 95% aplomb level, the Nielsen appraisal of 3.3% has a allowance of absurdity of /- 0.34%*. That agency that with 95% certainty, Nielsen estimates the ambit for the accurate citizenry admeasurement to be amid 2.96% and 3.64%

— These two ranges belie anniversary added because they do not overlap. In addition, by applying a frequently acclimated statistical analysis to analyze the aberration amid two apart calm percentages (z-test of sample proportions), we can actuate that these after-effects are statistically altered with 99% authoritativeness

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These analysis after-effects are not compatible. From here, we can achieve that the two analysis after-effects belie anniversary added for one of two reasons:

— The two surveys produced altered after-effects because sales of Herbalife decreased from October 2012 to April/May 2013. However, sales abstracts provided by the aggregation does not affirm this hypothesis. (Herbalife appear $216.2mm of net sales in the U.S. in Q1’13, almost the aforementioned as the $218.1mm it appear in Q2’12)

— The two after-effects produced altered after-effects because one or both studies relied on an capricious methodology. This is the alone added accessible cessation one can draw – that one or both of these surveys was awry in some way. Whether it was due to an online methodology, catechism wording, or some added bent is absurd to say after Herbalife absolution the abounding after-effects and alignment of both surveys (as able-bodied as the after-effects of any added surveys the Aggregation may accept commissioned that accept not been appear publicly)**

*NOTE ON MARGIN OF ERROR CALCULATIONS: A frequently blurred actuality about allowance of absurdity calculations is that they change depending on the allotment appraisal in catechism (e.g. a 3.3% or 5% appraisal vs. a abundant beyond appraisal like 25%, 50% or 75%). It is industry accepted to address the best allowance of absurdity for a analysis – but in practice, the best allowance of absurdity alone applies back the allotment appraisal is 50%. The allowance of absurdity shrinks as the allotment estimates access the extremes of either 0% or 100%. In this case, the allowance of absurdity appear in Herbalife’s columnist absolution on the Nielsen abstraction was /- 0.96% – the absolute cardinal for the analysis as a whole. However, on the specific affair of the allowance of absurdity on the 3.3% appraisal for Herbalife purchasers, the allowance of absurdity is abundant abate ( /- 0.34%). It is these absolute allowance of absurdity estimates that we are appropriately relying aloft in the account above.

**We agenda that the Lieberman analysis after-effects are extrapolated to U.S. households, admitting the Nielsen analysis after-effects are extrapolated to the U.S. developed population. After a abounding absolution of the surveys, it is cryptic whether Lieberman asked if respondents had purchased Herbalife artefact aural the aftermost three months (as appropriate by the archetype of Kim Rory at the January 10th, 2013 Herbalife broker presentation), or if Lieberman inquired as to whether respondents or any affiliate of their domiciliary had purchased Herbalife artefact aural the aftermost three months.

[1] According to a cardboard sponsored by the American Statistical Association accounting by Harvard Ph.D David Hemenway, “[u]sing surveys to appraisal attenuate contest about leads to overestimates. For example, the Civic Rifle Association letters 3 actor dues-paying members, or about 1.5% of American adults. In civic accidental blast surveys, however, 4-10% of respondents affirmation that they themselves are dues-paying NRA members. Similarly, although Sports Illustrated letters that beneath than 3% of American households acquirement the magazine, in civic surveys 15% of respondents affirmation that they are accustomed subscribers.”

[2] See Herbalife Sales & Business Plan (rule 17-a:Providing Retail Receipts to Customer).

SOURCE Pershing Square Capital Management, L.P.

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