Written by Nanci K. Carr, J.D.*
Associate Professor, California State University Northridge
Email: nanci.carr@csun.edu
Children and dogs are known for having a great time playing in mud puddles. Television shows such as “Rizzoli and Isles” and “Suits” feature characters luxuriating in mud baths. If you scrolled through #BOO on social media starting in May 2021, you could find “photos and videos of smiling people, mostly women, drink Mason jars of black liquid, slathering black paste on their faces and feet, or dipping babies and dogs in tubs of the black water.”[1] These photos and videos are of people using BlackOxygen Organics supposed ‘miracle molecules’ promising all kinds of health benefits. But by the end of 2021, the products that had been sold through a multi-level marketing scheme had been recalled, a class action lawsuit was filed, and the company shuttered.
I. Introduction
In May 2021, after a year of the pandemic,[2] when people were feeling isolated, frustrated, and fifteen pounds heavier,[3] hope appeared on the internet in the form of a wellness mud product. BlackOxygen Organics (“BlackOxygen”) extracted mud from a Canadian peat bog[4] that it claimed is rich in fulvic acid, and then dried the mud and distributed it as pills and powders.[5] Fulvic acid[6] has health and wellness benefits such as reducing inflammation, antihypertensive, and hypoglycemic effects.[7] BlackOxygen products can be taken orally or absorbed through the skin by making baths, balms, and masks. “BlackOxygen claims that the subject products have magical healing properties for a variety of ailments,” “contain ‘miracle molecules’ that promote general wellness, and “increase athletic performance.”[8] Instead, plaintiffs claimed that the products not only do not offer benefits, but rather are “dangerous for human use and consumption.”[9]
On September 23, 2021, the Canadian Food Inspection Agency (CFIA) recalled Fulvic Care Powder and Tablets “due to potential health risks…. The products are being promoted in ways and for uses that have not been evaluated and authorized by Health Canada.”[10] On August 18, 2021, the U.S. Food and Drug Administration put a hold on sales of BOO products in the U.S.,[11] warning that consumers to stop using the products and dispose of them since they contain elevated levels of lead and arsenic.[12]
In November 2021, a complaint was filed in federal court claiming the BOO supplements contain high levels of toxic heavy metals that make them unsafe for consumption.[13] The four lead plaintiffs[14] are women from Georgia who claim they were physically and economically harmed by the products.
BlackOxygen responded to the filing of the lawsuit disputing the claims and alleging that “[T]he allegations in the lawsuit are entirely false and appear to arise from false and defamatory statements published on social media platforms by disgruntled former BlackOxygen Brand Partners.”[15] BlackOxygen asserted that the lawsuit did not state the specific level of the metals supposedly detected in BlackOxygen products, and reminded the public that metals are naturally occurring elements in drinking water and foods.[16] In an attempt to reassure the public, BlackOxygen asserted that it “receives a Certificate of Analysis from the manufacturer certifying that the raw materials used to manufacture BlackOxygen products are completely safe for human consumption.”[17] BlackOxygen was confident that it would be able to battle the lawsuit, however, things got worse when on December 13, 2021, the FDA advised consumers “to immediately stop using the products and throw them way.”[18]
II. The Mudman
BlackOxygen Organics was created by Marc Saint-Onge, a Canadian entrepreneur and self-proclaimed “mudman.”[19] He harvested mud from a Canadian bog that contained minerals, vitamins, and amino acids, all of which, according to him, are ingredients good for health.[20] He asserts that his products have several essential benefits, including anti-inflammatory properties, cell regenerator (anti-aging), hormone regulator, and detoxifier, and is an energy drink.[21] He sold it in spas and to professionals, but decided to begin a multi-level marketing (“MLM”) approach to reach more consumers.[22] He also used social media influencers and was able to expand into several countries.[23]
III. Pandemic
The pandemic brought medical confusion people had never seen before. First, masks are not needed; save them for medical workers. Wait, no, masks are not only helpful for everyone, but they are mandated. No vaccine is available, then it’s available, and then mandated. Some were skeptical and looking for alternatives for good health. According to Matt Wetherington, the attorney who filed the class action lawsuit, American distributors stated online, “Actually, it does have toxic heavy metals, but they’re good for you. They’re organic toxic heavy metals and they’re super safe and you should take it, especially if you have COVID!”[24] In addition to pandemic health concerns, many people were out of work and looking for ways to make some money, perhaps by trying MLM for the first time.[25]
IV. Product Sales
The pandemic found many out of work, and many turned to MLMs to try to make money.[26] According to the Direct Selling Association, a lobbying group for the MLM industry, there were 7.7 million Americans working for MLMs in 2020, a thirteen percent increase over 2019.[27] There were also record highs for retail sales ($40.1 billion) and number of customers (over 41.6 million).[28] The majority of MLM sales are of wellness products,[29] and during the pandemic, people were turning to anything to protect against the virus. The FTC even issued a warning to MLM sellers to “stop all promotions that push your products by claiming they prevent or treat COVID-19.”[30] The FTC reminded MLMs that “under the FTC Act, any claims that a product can prevent, treat, or cure a serious disease required the support of well-controlled human clinical studies at the time the claims are made.”[31] However, BlackOxygen had no such well-controlled human clinical studies.
BOO products were sold through independent distributors, known as “Brand Partners,” in the United States and Canada.[32] Such Brand Partners were bound by the terms of a BlackOxygen Organics Brand Partner Application and Agreement and paid a small fee.[33] Brand Partners have a relationship to each other, with sponsors being the upline, and those below being the downline.[34] Such “a downline sales organization can consist of a sponsoring Brand Partner and hundreds of downline Brand Partners.”[35] Brand Partners are incentivized through the company’s multi-level compensation plan.[36] Reaching higher sales levels means higher compensation and rewards based not only on an individual Brand Partner’s sales, but also those of her downline.[37] This is similar to other direct sales companies’ structures.[38] Brand Partners were devoted to the company, one even asserting “I pledge my total commitment and heart to this company and this business.”[39]
V. Social Media
Social media was primed for those touting the benefits of BlackOxygen products. Photos were shared of adults and children using the products and announcing how much better they felt. BOO Facebook groups were formed to promote the products and their sales.[40] “I earned $21,000 in bonuses in my first 5 weeks!” posted one seller.[41] “I am a single mom, [one] income family, this business was the best decision!!!”[42] In a Zoom call held by Ron Montaruli, vice president of business development, for BlackOxygen distributors in September 2020, Montaruli announced that BlackOxygen’s 21,000 sellers and 38,000 new customers and resulted in skyrocketing sales, growing from $200,000 a month to nearly $4 million within six months.[43] One explanation is that social media was driving fans of alternative health and skeptics of COVID vaccines toward the supposedly magical dirt.[44] Barbie, a Brand Partner,[45] commented that COVID-19 had been a blessing to her.[46]
Monica Wong, a 39-year-old from Brentwood, California, had been looking for a detoxifying product and after a bit of research, decided that BOO was for her. After two months of dissolving half a teaspoon of BOO in a glass of water and drinking it, she searched for the “cured diseases, weight loss, clearer skin, whiter teeth, regrown hair, and reclaimed energy”[47] of others in her BOO Facebook group, but instead, began experience stomach pain.[48] While Wong did not know for sure that BOO caused the stomach pains, she stopped taking BOO, but could not post about her experience on Facebook because the group administrators were BOO sellers and did not want negative comments posted.[49] These Facebook groups were not a small knitting circle of 10 devotees. Instead, one such group had 27,000 members.[50] In addition to Facebook group member/seller’s claims that “BOO can cure everything from autism to cancer to Alzheimer’s disease,” they took advantage of pandemic times and claimed protection against and treatment of COVID-19, and could detox those who had agreed to be vaccinated.[51] Parents love to post photos of their children on Facebook, and BOO was no exception. “Tiny is enjoying his Boo bath!” and “Boo brownies for the picky family” were two such posts.[52]
On the other hand, skeptics also used social media to question the products and calling for investigation. They even discovered that a landfill bordered the BOO bog, wondering how that impacted the “healthy” dirt.[53] The testimonials and claims on Facebook were not substantiated by scientific evidence, and attracted attention from customers, health professionals, and regulatory agencies.[54] Social media activists formed their own Facebook groups, including “Duped by BOO: Victims of the Bog”[55] and “BOO is WOO” that states it is “specifically for pro-science anti-MLM people wanting to participate in anti-MLM activism by reporting illegal false claims to regulatory agencies.”[56] Some members of these groups infiltrated the BOO community, signing up as sellers, joining pro-BOO groups, and attending BOO sales meetings, then reporting back what they had seen to the group.”[57] Some created YouTube videos, posting about the dangers of BOO.[58]
In September 2021, Montaruli advised Brand Partners to delete Facebook groups and start over. He also suggesting modifying terminology. For example, he suggested changing claims regarding ADHD to “trouble concentrating,” and “prevents heart attack” to “maintain a healthy cardiovascular system.”[59] Days later, Health Canada announced a recall.
VI. Conclusion
Just prior to Thanksgiving 2021, “It is with a heavy heart that we must announce the immediate closing of BlackOxygen Organics. Unfortunately, the recent turn of events have forced us to make a very difficult decision, as continuing to push forward is no longer an option.”[60] Some reacted with sadness to the loss of their miracle cure while others wanted their money back for products purchased that were never delivered.[61] Carlo Garibaldi, president of BOO, said that they could weather the recalls and seizures, but the “‘fatal blow’ came when their online merchant dropped them as clients.”[62] While BlackOxygen Organics products are no longer available, a quick search of Amazon revealed several products with fulvic acid that are still available.[63]
* Nanci K. Carr is an Associate Professor of Business Law and the Carande Family Faculty Fellow at California State University, Northridge. J.D., cum laude, Southwestern Law School; B.S., Business Administration, Ball State University.
[1] Brandy Zadrozny, ‘Magic Dirt’: How the Internet Fueled, and Defeated, the Pandemic’s Weirdest MLM, NBCNews.com (Dec. 6, 2021, 5:59 AM PST), https://www.nbcnews.com/news/magic-dirt-internet-fueled-defeated…emics-weirdest-mlm-rcna6950?mc_cid=1e441f5787&mc_eid=084ca40314.
[2] The worldwide pandemic arose from the SARS-CoV-2 virus that causes coronavirus disease 2019, nicknamed COVID-19. Coronavirus Disease 2019 (COVID-19) Situation Summary, CDC.gov, (Mar. 3, 2020) https://www.cdc.gov/coronavirus/2019-ncov/summary.html.
[3] Isolated at home during the pandemic, people turned to baking as a new hobby and comfort foods for support, resulting in weight gain referred to as the “Quarantine 15.” Kathy Katella, What to do When the ‘Quarantine 15’ Remains: How to Address Pandemic Weight Gain, YaleMedicine.org (Sept. 1, 2021), https://www.yalemedicine.org/news/quarantine-15-weight-gain-pandemic.
[4] The mud used to create all BlackOxygen mud comes from Moose Creek Bog in Ontario, Canada. Class Action Complaint, at 8, McMonigle v BlackOxygen, 1:21-cv-04790-LMM (Nov. 19, 2021).
[5] BlackOxygen Organics, USA, Inc. is a Wyoming corporation and a subsidiary of 11578243 Canada, Inc., dba BlackOxygen Organics, a Canadian corporation. Class Action Complaint, at 2,3, McMonigle v BlackOxygen, 1:21-cv-04790-LMM (Nov. 19, 2021). Four and one half ounces of BOO (basically, a handful of dirt) was sold for $110 plus shipping. How a Man Sold a ‘Miracle Clay’ for 25 years to Cure Any Disease But in Reality it Led to his Ruin, MarketResearchTelecast.com (Dec. 5, 2021), https://marketresearchtelecast.com/how-a-man-sold-a-miracle-clay-for-25-years-to-cure-any-disease-but-in-reality-it-led-to-his-ruin/218821/.
[6] According to BlackOxygen, fulvic acid is “the end product and smallest particle of the decomposition of ancient, organic matter. When extracted, purified and delivered in a liquid supplement form, it carries all the nutritional information, anti-oxidant capacity and genetic coding of everything in that decomposed matter. We know the fundamental building blocks of our bodies are the same as other organisms so it only makes sense to nourish your body with what it is made of, optimizing regeneration and repair.” A Gift from the Ground, https://archive.md/NeV6x, (last visited Feb. 14, 2022).
[7] John Winkler and Sanjoy Ghosh, Therapeutic Potential of Fulvic Acid in Chronic Inflammatory Diseases and Diabetes, J. of Diabetes Research (Sept. 10, 2018), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6151376/.
[8] Class Action Complaint, at 8, McMonigle v BlackOxygen, 1:21-cv-04790-LMM (Nov. 19, 2021).
[9] Class Action Complaint, at 8, McMonigle v BlackOxygen, 1:21-cv-04790-LMM (Nov. 19, 2021).
[10] Public Advisory – BlackOxygen Organics Recalls Fulvic Acid Tablets and Powder Due to Potential Health Risks, Health Canada (Sept. 23, 2021), https://recalls-rappels.canada.ca/en/alert-recall/blackoxygen-organics-recalls-fulvic-acid-tablets-and-powder-due-potential-health-risks, (“There is limited information to support the safety of fulvic acid when consumed at the quantities found in these products, especially by children and adolescents, and by pregnant or breastfeeding women. The safety of long-term use is also unknown.”)
[11] Plaintiffs’ Original Complaint, at 11, 11578243 Canada, Inc. et al v David Bykowski, 5:21-cv-880 (Sept. 16, 2021).
[12] After sampling BOO’s Fulvic Care Powder at the Canadian border, the product was put on Import Alert 99-42, delaying its import into the United States. U.S. Food & Drug, Import Alert 99-42, accessdata.fda.gov (Oct. 20, 2021), https://www.accessdata.fda.gov/cms_ia/importalert_1167.html.
[13] Class Action Complaint, at 1, McMonigle v BlackOxygen, 1:21-cv-04790-LMM (Nov. 19, 2021). An additional class action complaint was filed in the Easter District of New York on January 5, 2022, alleging similar claims. Class Action Complaint, Sabath v BlackOxygen, 1:22-cv-00061-DG-PK (Jan. 5, 2022), (“defendants intentionally concealed and omitted material facts regarding the true nature of the Products”).
[14] The lead plaintiffs are Janice McMonigle, Amberly Ogden, Molly Sliwinshi, and Lauren Wells. Class Action Complaint, at 1, McMonigle v BlackOxygen, 1:21-cv-04790-LMM (Nov. 19, 2021).
[15] Michael Seiden, Federal Lawsuit, Atlanta Attorney Claims Organic ‘Cure-All’ Contains Toxic Ingredients, WSBTV.com (Nov. 21, 2021, 8:21 PM EST), https://www.wsbtv.com/news/local/atlanta/federal-lawsuit-atlanta-attorney-claims-organic-cure-all-contains-toxic-ingredients/3XGPX5QMDFAZROFECMXMUFCQEE/.
[16] Michael Seiden, Federal Lawsuit, Atlanta Attorney Claims Organic ‘Cure-All’ Contains Toxic Ingredients, WSBTV.com (Nov. 21, 2021, 8:21 PM EST), https://www.wsbtv.com/news/local/atlanta/federal-lawsuit-atlanta-attorney-claims-organic-cure-all-contains-toxic-ingredients/3XGPX5QMDFAZROFECMXMUFCQEE/.
[17] Michael Seiden, Federal Lawsuit, Atlanta Attorney Claims Organic ‘Cure-All’ Contains Toxic Ingredients, WSBTV.com (Nov. 21, 2021, 8:21 PM EST), https://www.wsbtv.com/news/local/atlanta/federal-lawsuit-atlanta-attorney-claims-organic-cure-all-contains-toxic-ingredients/3XGPX5QMDFAZROFECMXMUFCQEE/.
[18] FDA Advises Consumers Not to Use Fulvic Care Powder and Tablets from Black Oxygen organics Due to Elevated Levels of Lead and Arsenic, FDA.gov (Dec. 3, 2021) https://www.fda.gov/food/alerts-advisories-safety-information/fda-advises-consumers-not-use-fulvic-care-powder-and-tablets-black-oxygen-organics-due-elevated, (“Continued exposure to high levels of these metals can lead to serious health risks and can affect people or animals of any age or state of health.”)
[19] The Health Benefits of Humic/Fulvic Acid, Rogers Tv on YouTube.com (Nov. 14, 2019), https://www.youtube.com/watch?v=VWufZhHXJz0&t=27s. He also describes himself as an orthotherapist, naturopath, kinesitherapist, reiki teacher, holistic physician, herbalist, and aromatherapist. After being charged in 1989 with practicing medicine without a license, and fined 20,000 CAD, he admits that his “clinic went underground.” How a Man Sold a ‘Miracle Clay’ for 25 years to Cure Any Disease But in Reality it Led to his Ruin, MarketResearchTelecast.com (Dec. 5, 2021), https://marketresearchtelecast.com/how-a-man-sold-a-miracle-clay-for-25-years-to-cure-any-disease-but-in-reality-it-led-to-his-ruin/218821/.
[20] The Health Benefits of Humic/Fulvic Acid, Rogers Tv on YouTube.com (Nov. 14, 2019), https://www.youtube.com/watch?v=VWufZhHXJz0&t=27s (People “get more energy… sleep better… have no more mood swings, no more hot flashes, no more pain.”)
[21] The Health Benefits of Humic/Fulvic Acid, Rogers Tv on YouTube.com (Nov. 14, 2019), https://www.youtube.com/watch?v=VWufZhHXJz0&t=27s (“When you put the fulvic in the water you’re actually increasing the oxygen up to 45 percent.”)
[22] The Health Benefits of Humic/Fulvic Acid, Rogers Tv on YouTube.com (Nov. 14, 2019), https://www.youtube.com/watch?v=VWufZhHXJz0&t=27s.
[23] The Health Benefits of Humic/Fulvic Acid, Rogers Tv on YouTube.com (Nov. 14, 2019), https://www.youtube.com/watch?v=VWufZhHXJz0&t=27s (noting the products are available in a one dose powder packet, a liquid to add to yogurt, tea, or coffee, a fulvic-infused coffee,
[24] Federal Lawsuit Filed Against Company that Sold Wellness Mud Product with Toxic Heavy Metals, WSBTV.com (Dec. 2, 2021, 8:58 PM EST), https://www.wsbtv.com/news/local/atlanta/federal-lawsuit-filed-against-company-that-sold-wellness-mud-product-with-toxic-heavy-metals/ZV2MI4Q6WVBKZFSPVBRRCXEF4Y/.
[25] While some MLMs require large buy-ins, (e.g., LuLaRoe’s was around $5000), a BOO Brand Partner was required only to have made a purchase, which could be as low as $110). Haley Weiss, How a Wellness MLM Brand Spawned a ‘Parasite’ Detox Trend, Vice.com (Dec. 9, 2021, 9:43 AM), https://www.vice.com/en/article/epxz4z/how-wellness-mlm-brand-black-oxygen-organics-spawned-a-parasite-detox-trend.
[26] Tracking the COVID-19 Economy’s Effects on Food, Housing, and Employment Hardships, Center on Budget and Policy Priorities, https://www.cbpp.org/research/poverty-and-inequality/tracking-the-covid-19-economys-effects-on-food-housing-and (last visited July 31, 2022).
[27] Direct Selling Association, Direct Selling in the United States – 2020 Industry Overview, https://www.dsa.org/docs/default-source/research/dsa-industry-overview-fact-sheetd601b69c41746fcd88eaff000002c0f4.pdf?Status=Temp&sfvrsn=6e75d9a5_2%27, (last visited Feb. 22, 2022).
[28] Direct Selling Association, Direct Selling in the United States – 2020 Industry Overview, https://www.dsa.org/docs/default-source/research/dsa-industry-overview-fact-sheetd601b69c41746fcd88eaff000002c0f4.pdf?Status=Temp&sfvrsn=6e75d9a5_2%27, (last visited Feb. 22, 2022).
[29] Zadrozny, supra note 1.
[30] Seena Gressin, FTC Again Warns Multi-Level Marketers About Unproven Health and Earnings Claims, FTC.gov (June 5, 2020, 2:51 PM), https://www.ftc.gov/news-events/blogs/business-blog/2020/06/ftc-again-warns-multi-level-marketers-about-unproven-health. The FTC sent warning letters to six MLM companies, one of which was not BlackOxygen, however, the warning was also posted on the FTC website. Id.
[31] Gressin, supra note 33; Federal Trade Commission Act, 15 U.S.C. §§ 41-58.
[32] Plaintiffs’ Original Complaint, at 3, 11578243 Canada, Inc. et al v David Bykowski, 5:21-cv-880 (Sept. 16, 2021).
[33] Plaintiffs’ Original Complaint, at 3, 11578243 Canada, Inc. et al v David Bykowski, 5:21-cv-880 (Sept. 16, 2021).
[34] Plaintiffs’ Original Complaint, at 3, 11578243 Canada, Inc. et al v David Bykowski, 5:21-cv-880 (Sept. 16, 2021).
[35] Plaintiffs’ Original Complaint, at 3, 11578243 Canada, Inc. et al v David Bykowski, 5:21-cv-880 (Sept. 16, 2021).
[36] Plaintiffs’ Original Complaint, at 3, 11578243 Canada, Inc. et al v David Bykowski, 5:21-cv-880 (Sept. 16, 2021). Business models such as this are commonly known as multilevel marketing or MLM, and as pyramid schemes. E. Napoletano, What is a Pyramid Scheme?, Forbes.com (May 10, 2022, 12:20 PM), https://www.forbes.com/ advisor/investing/pyramid-scheme/.
[37] Plaintiffs’ Original Complaint, at 3, 11578243 Canada, Inc. et al v David Bykowski, 5:21-cv-880 (Sept. 16, 2021).
[38] Plaintiffs’ Original Complaint, at 3, 11578243 Canada, Inc. et al v David Bykowski, 5:21-cv-880 (Sept. 16, 2021).
[39] Plaintiffs’ Original Complaint, at 4, 11578243 Canada, Inc. et al v David Bykowski, 5:21-cv-880 (Sept. 16, 2021).
[40] Seiden, supra note 19. Facebook groups for MLMs is a common strategy as participants collaborate to attract new customers and sellers. Zadrozny, supra note 1. One such BOO Facebook group had over 97,000 members. Id. “The groups have seen a rise in members from anti-vaccine and COVID-denial communities, including prominent activists who sell the product to raise funds for anti-vaccine efforts.” Id.
[41] Zadrozny, supra note 1.
[42] Zadrozny, supra note 1.
[43] How a Man Sold a ‘Miracle Clay’ for 25 years to Cure Any Disease But in Reality it Led to his Ruin, MarketResearchTelecast.com (Dec. 5, 2021), https://marketresearchtelecast.com/how-a-man-sold-a-miracle-clay-for-25-years-to-cure-any-disease-but-in-reality-it-led-to-his-ruin/218821/.
[44] How a Man Sold a ‘Miracle Clay’ for 25 years to Cure Any Disease But in Reality it Led to his Ruin, MarketResearchTelecast.com (Dec. 5, 2021), https://marketresearchtelecast.com/how-a-man-sold-a-miracle-clay-for-25-years-to-cure-any-disease-but-in-reality-it-led-to-his-ruin/218821/.
[45] Plaintiffs’ Original Complaint, at 3, 11578243 Canada, Inc. et al v David Bykowski, 5:21-cv-880 (Sept. 16, 2021).
[46] The Bog at 23, Yumpu.com (Nov. 2021), https://www.yumpu.com/fr/document/read/65992851/the-bog-francais-numero-de-novembre (last visited Feb. 25, 2022).
[47] Seiden, supra note 19.
[48] Amy Roberts, a fitness guru also suffered stomach pains after using the BOO products to relieve shoulder pain. “I was doubled over in bed. I had extreme fatigue and was also vomiting.” Michael Seiden, Federal Lawsuit, Atlanta Attorney Claims Organic ‘Cure-All’ Contains Toxic Ingredients, WSBTV.com (Nov. 21, 2021, 8:21 PM EST), https://www.wsbtv.com/news/local/atlanta/federal-lawsuit-atlanta-attorney-claims-organic-cure-all-contains-toxic-ingredients/3XGPX5QMDFAZROFECMXMUFCQEE/.
[49] Seiden, supra note 19.
[50] Seiden, supra note 19.
[51] Seiden, supra note 19.
[52] Seiden, supra note 19.
[53] How a Man Sold a ‘Miracle Clay’ for 25 years to Cure Any Disease But in Reality it Led to his Ruin, MarketResearchTelecast.com (Dec. 5, 2021), https://marketresearchtelecast.com/how-a-man-sold-a-miracle-clay-for-25-years-to-cure-any-disease-but-in-reality-it-led-to-his-ruin/218821/.
[54] One such regulatory agency, the FDA, advised consumers not to use the products. FDA.gov, supra note 16.
[55] https://www.facebook.com/groups/417540309807750/?ref=share (last visited Feb. 25, 2022). This is a private group describing itself as follows: “Have you or a loved one been harmed by Black Oxygen products? Have you had issues with shipping or refunds? Are you just looking for more information and transparency without the sale pitch and lies? Need to vent about your experiences? Then join us here for friendly discussion on the issues of BOO.” Id.
[56] https://www.facebook.com/groups/321298193015097 (last visited Feb. 25, 2022). Ceara Manchester, who helps run Boo is Woo, is a 34-year-old Florida housewife and mom who has spent the past four years watching MLMs that she refers to as cults, and said she has never seen health claims as bad as those made by BOO. How the Internet Fueled, and Defeated, the Pandemic’s Weirdest MLM, Saveh-agahi.com (Dec. 6, 2021), https://saveh-agahi.com/how-the-internet-fueled-and-defeated-the-pandemics-weirdest-mlm/.
[57] Zadrozny, supra note 1.
[58] Kat Benson, BlackOxygen Organics – This MLM Sells DIRT!, @Unlocked Nutrition on YouTube.com (Aug. 30, 2021), https://www.youtube.com/watch?v=gHTKMCPaswA.
[59] Zadrozny, supra note 1.
[60] Michael Seiden, Company Shuts Down Ahead of Federal lawsuit Filed by Atlanta Attorney, WSBTV.com (Nov. 23, 2021, 11:53 PM EST), https://www.wsbtv.com/news/local/atlanta/company-shuts-down-ahead-federal-lawsuit-filed-by-atlanta-attorney/GT2VJUJSCNCW5O4UUQ5HQ3IT2A/.
[61] Seiden, supra note 19.
[62] Zadrozny, supra note 1.
[63] Fulvic acid, https://www.amazon.com/s?k=fulvic+acid&crid=3KFWLHP1JR9KV&sprefix=fulvic+acid%2 Caps%2C139 &ref=nb_sb_noss_1, (last visited June 24, 2022).
The views and opinions expressed in the blogs are the views of their authors, and do not represent the views of the Faculty of Law, or the University of Manitoba. Academic Members of the University of Manitoba are entitled to academic freedom in the context of a respectful working and learning environment.