EvolvHealth, LLC, a Dallas-based multi-level marketer of bottled water and other products, has failed to substantiate claims about its products when challenged by the BBB. The business responded to the BBB and discontinued some claims on its website, but did not provide sufficient substantiation for other claims. Some of the claims removed from the website remain in online videos, in testimonials, and in other materials.
The BBB challenged claims for Evolv Water, Evolv Thin, and other products. EvolvHealth claims that Evolv Water is enhanced by a process which the business calls Archaea Active.
In response to the Better Business Bureau’s request for substantiation, EvolvHealth provided a study that failed to provide crucial information supporting the study’s statistical significance. In addition, one of the study’s findings directly contradicts one of the business’s cornerstone marketing claims. EvolvHealth claims that Evolv Water with Archaea Active “increases oxygen at the molecular level”, but the study of Archaea Active found that “blood levels of oxygen were statistically unchanged.”
The challenge was part of the BBB’s ongoing local advertising review program. The BBB identifies advertising claims that may be misleading and seeks cooperation from businesses to comply with the basic principles for truth in advertising in the BBB Code of Advertising. The BBB asks businesses either to substantiate the claims, modify the claims, or discontinue the claims.
“Consumers reasonably expect that advertisers are able to show an adequate basis for claims made about products, and businesses should have substantiation in hand before the advertising appears,” said Jeannette Kopko, spokesperson for the BBB serving Dallas and Northeast Texas. “But when a business is not able to show sufficient substantiation for those claims, the BBB’s role is to ask the business to voluntarily modify or cease using those claims.”
In addition to bottled water, EvolvHealh also sells carbonated drinks, shake mixes, vitamins and a topical gel. The business has a BBB rating of F, the lowest rating possible, due to failure to provide substantiation for advertising claims.
In May, 2011, the Better Business Bureau serving Dallas and Northeast Texas requested substantiation for the following claims:
“[Evolv Water] increases the bioavailability of oxygen at the cellular level, as well as assists the body in maintaining a healthy inflammatory response.”
“The THIN proprietary blend improves mental clarity, reaction time, concentration and alertness too.”
“Liquid suspension … is now known to be the most effective method for delivering nutrients to the bloodstream.”
“Evolv Gel soothes sore muscles and reduces the appearance of redness.”
The BBB Code of Advertising states that “claims as to energy savings, performance, safety, efficacy, results, etc., which will be obtained by or realized from a particular product or service should be based on recent and competent scientific, engineering, or other objective data.”
In response to the BBB, EvolvHealth agreed to discontinue the claims regarding “liquid suspension” and its “Evolv Gel”, noting that it had insufficient evidence to support those claims.
In addition, the business provided three studies which it believed would substantiate its claims regarding its Evolv Water and Evolv Thin products.
However, after reviewing the materials, the BBB determined that the studies were insufficient to substantiate the product claims in question. The BBB called into question the statistical significance, methodology, and conclusions of the studies.
As of July 21, the company has failed to substantiate the remaining advertising claims.
EvolvHealth has been the subject of four complaints from distributors in Missouri, North Carolina, Texas, and Utah, seeking refunds under the cancellation policy. These complaints have been answered and resolved by the business.
To read the BBB Business Review on EvolvHealth, LLC, go to http://www.bbb.org/dallas/business-reviews/multi-level-selling-companies…
To learn more about BBB Advertising Review and the BBB Code of Advertising, see http://dallas.bbb.org/dallasadreview/
To report misleading advertising, visit http://www.dallas.bbb.org/submitad
This news release is online at http://www.dallas.bbb.org/article/bbb-challenges-advertising-claims-by-e…