MD Anderson Cancer Center Sues Evolv

MD Anderson Cancer Center Sues Evolv

Posted on 25. Nov, 2009 by Dan Mitchell in Network Marketing News


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This is what happens when you go to market with hype and lies. Good luck Evolv - you'll need it...

HOUSTON (CN) - Two companies are pushing bottled tap water with false claims that it's endorsed by the MD Anderson Cancer Center, the University of Texas says in Federal Court. The UT says HealtH20 Products and Evolvehealth sell the bogus water it as "Evolv," claiming it is infused with an "Archaea Active formula."
The Dallas-based companies falsely claim that the Anderson Center tested the water and endorsed it, the UT says. The MD Anderson Center is a leading cancer research institution.
"Specifically, defendants are misleading consumers and cancer patients into believing that UT's MD Anderson conducted extensive testing of the main formula in the Evolv product, known as 'Archaea Active," the UT says.
"Defendants' misuse of the MD Anderson marks creates, at a minimum, a likelihood that cancer patients and consumers will falsely believe that defendants' products is sponsored or endorsed by UT's MD Anderson, when in fact, MD Anderson does not endorse or recommend the use of the defendants' product."

Source: Courthouse News

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23 Responses to “MD Anderson Cancer Center Sues Evolv”

  1. Tricia

    25. Nov, 2009

    “This is what happens when you go to market with hype and lies”- This is a strong statement on your part that is based on an article written by a journalist making some inflammatory statements about this situation.

    This is what is posted on the EvolvHealth blog.

    http://blog.evolvhealth.com/news-mdaccletter/

    Frankly, our own MLM industry will very likely have the biggest heyday with this, tearing down the competition, instead of us all being each others’ biggest fans.

  2. Mike

    26. Nov, 2009

    Oh Please!

    Evolv is selling Houston city tap water with an added “special” ingredient and claiming endorsement from MD Anderson Center that doesn’t exist.

    MD Anderson is dead right to take action against Evolv for blatant trademark violations.

    Ty, your statement is dead on! This is EXACTLY what hype and lies get you!

  3. Robert

    27. Nov, 2009

    Actually Mike, the water comes from a natural spring in Mt. Ida , Arkansas. Secondly, Evolv has never claimed that UT MD Anderson Cancer endorsed its product. From the beginning, Evolv has always stated that MD Anderson only performed tests on the Archaea Active ingredients. Those tests lead the company to market their product.

    The statements made by you and Ty are actually blatantly wrong. I agree with Trish, we should be supporting a company who has worked hard to promote a good product in our industry, especially with so many other companies who tarnish this industry’s reputation.

  4. Beth

    27. Nov, 2009

    This early corporate post explained the MDA connection. http://blog.evolvhealth.com/2009/09/explaining-evolvs-md-anderson-connection/

    The Evolv back office training for distributors clearly explains what can and cannot be said about the product, its connection with MDA, etc.

    This lawsuit is really about Evolv being an MLM company and the buzz this product has created, resulting in numerous phone calls to MDA and UT.

    And of course, it brings out the MLM bashers, as well as the MLM competition, to further add to the negative publicity.

    I have been on board with this company since early September. The product is stellar, as are the ownership, management, and leadership.

    Do you really think Trey White put the MD Anderson name on the bottle, website, etc. without their permission and a legal contract? Read his credentials at the EvolvHealth site- http://www.evolvhealth.com/whatis_company.asp- click on his picture in the middle, and decide for yourself.

  5. Mike

    27. Nov, 2009

    Well Robert,

    That’s not what the tests from MD Anderson say.

    In their court filing the state in item 19;

    “In particular, the report specifically indicated the any follow-up investigation should address the possible affect of City of Houston tap water, which is used as a source of the Evolv product……”

    I don’t think that Houston tap water quite qualifies as a natural spring. Do you?

    And Beth,

    as to your question about MD Andersons permission for the use of their trademark. UT states that it made repeated requests to Evolv to stop using their name. Those requests were ignored and they are now seeking injunction to stop their name from being used as part of Evolvs marketing.

    Item 31 reads…

    “Unless restrained, the foregoing wrongful acts of defendants will continue to cause irreparable injury to UT, both during the pendency of this action and thereafter. Therefore, this Court should preliminarily and permanently enjoin defendants and the agents, employees and others acting in concert with them from directly or indirectly using an of UTs’ registered trademarks, including but not limited to the M.D. ANDERSON Marks, and any other marks that are confusingly similar thereto, in connection with sale, lease, offer for sale or lease, advertising of promotion of an goods or services.”

    I don’t know but it doesn’t sound to me like Trey had their permission or a contract.

    You guys kill me with your “MLM bashing” accusations and the whole, “shouldn’t we be supporting each other” lines!

    I’ll support anyone in an honest business endeavor, MLM or otherwise. But when a company comes out slinging hype and making unfounded claims…. No! I won’t support that!

    I’m in no way bashing MLM as a business model and I can assure you that Ty Tribble isn’t either.

    I’ll repeat what Ty said at the beginning of this post.

    This is what happens when you go to market with hype and lies. Good luck Evolv – you’ll need it…

  6. Mike

    27. Nov, 2009

    If your interested in reading the court filing you can get your very own copy at this link.

    http://hbiznews.com/blog/wp-content/uploads/2009/11/evolv-law-suit.pdf

    Best to all

  7. Mary

    28. Nov, 2009

    Tricia,
    Where did you get this on the corporate blog? Your link is below.
    http://blog.evolvhealth.com/news-mdaccletter/

    I have the company blog link here:
    http://blog.evolvhealth.com/

    I don’t see where the post is on the actual corporate blog.

  8. ifyouseekevolv

    28. Nov, 2009

    If MD Anderson needs an ex-evolver to get on the stand, count me in. Evolv and backtrack all they want and say that they never claimed that MDACC endorsed their product, but in their original video, Trey White with his transparent BS clearly stated that the research was “backed” by extensive research at MDACC. That’s what prompted me to get in on this prelaunch. They clearly misled a lot of people from the beginning, and I am pissed as hell that I wasted time and money on this evident scam. They don’t even bottle their own water, they hire some company in Mt. Ida to do it and then stick an Evolv label on it. Do you think that the water company halt their production to put some secret “archaea active” ingredients in this water to run an Evolv batch? I don’t. It yielded zero energy benefits whether you drink one or ten, whether you are 1yrs old or 80yrs old. Oh, I forgot to mention their Facebook Fan page. They take out all the negative comments, and leave the 5-6 people that spam that page daily on there. Those must be the snake oil master distributors.

  9. Jennifer

    29. Nov, 2009

    ifyouseekevolv,

    Exactly what money did you spend checking out the Evolv opportunity? I believe pre-enrollment was all completely free. You could do your due diligence (ie. research) by listening to calls, watching videos, and calling and taking to people. You were given a free website and the company even archived previous calls. If you got as far as pre-launch and converted to a distributorship that only cost you less then $50. Why are you really so upset?

  10. Jane

    30. Nov, 2009

    Wow! I read the court documents and it doesn’t sound good for Evlov. I know the people who are behind this company, but I did not join. I got alot of grief for not joining, but I just didn’t see people wanting to spend almost $200 a month on something that looked and tasted like…and was water. I know the MLM industry and it’s one thing for people to get excited and join, but it’s another for them to keep up with their auto-ship. I’m sure there are alot of people with 10-20 cases of Evlov water in their garages thinking “Why have I spent $800 on these cases of water?” I think the compensation plan for Evolv is very confusing. There’s no example to go by to know what kind of money you could make. I also did not like that you were charged an extra $20 to see your downline.

    The court documents claim that Evolv is City of Houston tap water. I think Evolv should address this claim and show proof that this claim is false, otherwise, they owe everyone their money back. I just don’t see M.D. Anderson making a claim like that unless THEY KNOW it is true.

    I’m glad I did not join Evolv.

  11. ifyouseekevolv

    01. Dec, 2009

    Jennifer, what part of ex-evolver did you not understand? It makes you upset that you bought into the hype and lies, then you tell everyone you know, and they sign up, then you find that the water doesn’t have anything in it. I challenge someone to prove to me that there is anything in that water, they can’t. If someone has the capabilities to test this water, let me know and I’ll send you some samples. I still have a few lying around.

    Here are some points about Evolv that you wouldn’t know unless you joined.

    1. As Jane said, $20 to see your downline. by the way, that’s $20 a month! Paying $240/yr to see your downline…LOL

    2. 2 case per month minimum at $55 each. Shipping cost avg $30! I live in Dallas, and the Distribution facility is about 15 miles away…$30! Oh, they would let me pick it up but will charge me a pickup fee! The net savings of $10 is what gas cost to drive over there.

    3. Mandatory Distributor Kit $40. What is in this kit that is so crucial to your business, you may ask? Nothing. they send you a padfolio with a sample of the quad pack to hold the bottles, a compensation brochure (the same one you can download for free) and a couple of other useless brochures that you can get free online.

    4. a 25 pack brochures of the compensation plan cost you $45! A must if you are building your business..lol

  12. Flyboy

    01. Dec, 2009

    First off, regarding the comment: “This is what happens when you go to market with hype and lies…” I don’t know of any effective marketing campaign that wouldn’t use what could be construed as “hype.” If you don’t talk up your product, then why even bother going to market. As far as the “lies” part of it, I believe that is still open for debate, and is probably going to boil down to good old semantics. The fact is that Evolv DID go to MD Anderson to do testing (findings at archaeaactive.com), and even their own lawsuit filing doesn’t dispute that. Their complaint is that by using the MD Anderson name, some folks might be confused into believing that the product is endorsed by them… of course, you could just look at the bottle itself (as I am right now) where it plainly states that “neither the University of Texas M.D. Anderson Cancer Center nor FutureCeuticals endorses the product.”

    I also find it interesting that people on this blog are jumping on the bandwagon that the water used is Houston tap water, then turning back around and stating that Evolv has a company in Arkansas contracted to bottle it for them. Are they shipping water from Houston to Mt Ida? Because it seems like they have plenty of water in Mt Ida to bottle, and probably don’t need to have it trucked in from Houston… I’m just saying…

    Look, I’m not going to sit here and claim that Evolv cures or treats any ailment, because I don’t know one way or another. What I do know is this: I have been drinking Evolv for about a month now, and I like it. I have had a heel spur for nearly 2 years, and I don’t have it any more… is it because of Evolv? I have no idea. But it’s gone! I have been a runner since I was 9 years old, and I have never enjoyed running so much as I have in the past month or so… because of Evolv? I don’t know. But I certainly don’t think it’s done anything to hurt.

    Why don’t we let this play out in court and see what happens… If it turns out that Evolv has been scamming people, then those of us who have been along for the ride thus far (yes, I am one of them in case you haven’t figured it out yet) will have to lick our wounds and carry on. But, if it turns out that the company isn’t the 9 headed demon that some people here seem to think it is, then perhaps a nice plate of crow will be in order.

    Don’t hate the player, hate the game!

  13. Dan Mitchell

    02. Dec, 2009

    Robert,

    As it clearly states at the top of the post I was the one who wrote this post…not Ty Tribble.

    Where’s the slander? I was simply reporting on information I gathered from a source that I cite – the Courthouse News.

  14. Mike

    02. Dec, 2009

    Wow! Thank you! I am truly honored to be lumped in with Ty Tribble in the same sentence.

    Now, I have a question for you Robert.

    What color is the sky on your world?

    Neither Ty, Dan or Myself had anything to do with Evolvs decision to shoot off, not just one, but both feet!

    We are all entitled to our opinions and the facts that have been presented here come directly from the court documents. We didn’t just make it all up. (I for one am not that clever).

    I am however very observant! And, I have observed that people can react very strangely when reality clashes with what they believe.

    Opinions aside, the court will ultimately decide this one. I don’t think MDACC is going to settle!

    Best to All!

  15. Robert

    02. Dec, 2009

    So why do my posts keep vanishing from this blog? Am I saying something you guys don’t want others to see??? The fact that Ty is accociated with Eiro really sheds light on why you guys are trying to run Evolv through the mud.

    And guys, if we want to put all of the facts out there, why have you left off the fact that Evolv was actually the first to file suit against MDACC? Yep, that’s right, MDACC is actually in breach of their contract with Evolv and Evolv filed suit first in Dallas. Why was that left out of this argument?

    You’re right Mike, you are entitled to your opinions and so is everybody else. Opinions are based on facts in “my world”. Erasing comments and facts that shed light on why you all are going after a company negatively hinders other people from formulating valid opinions. You’re right about another thing, you didn’t just make all of this up. You chose to omit all of the information from the discussion, specifically the information that hurts your argument.

    How did you put it: You are observant and people react very strangely when reality clashes with what they believe. Have ever listened to your own advice???

    I will be very surprised if this case actually goes to trial. I would bet that MDACC settles before this ever hits a court room.

    Why don’t you boys let my posts stay on your blog and let others form opinions for themselves. I guess that would be bad for your business, huh?

  16. Ty

    02. Dec, 2009

    Robert, your post was deleted because you cut and paste the same comment on two articles. We are simply reporting news about all companies. And if you haven’t noticed we are allowing you to dialogue with others sharing your opinions.

  17. jonathan G

    03. Dec, 2009

    Robert, I can give a rat’s ass if Ty is in Eiro, Monavie or Vemma. At least the product that he represents have nutritional value as stated on the nutritional facts label. I’m sure you have an Evolv bottle lying around, why don’t you give me the nutritional values on that label? As a matter of fact, it clearly states zeros on all counts…am I correct?

    The point here is that Evolv took a colorless, odorless “potion”, aka “nothing” and paid MDACC to do a very limited testing of it’s anti inflammatory function, and without any interpretations by MDACC, Evolv starts making claim that “science backed up by documented studies from the country’s top ranked…MDACC” . (http://www.youtube.com/watch?v=4GiBse8DdHI) Yes, the Archaea Active formula was added to Houston’s tap water to do the test, but even the data that came back were inconclusive. Based on comments of Lipids experts, the data were all over the place, and in areas where Evolv claimed that the numbers increased, actually decreased. hey, let’s throw them a bunch of meaningless charts and we’ll let the MDACC name sell our product and make us millions!

  18. Jason Lappe

    03. Dec, 2009

    I absolutely love Network Marketing, but just like any other industry there will always be a few companies that miss the mark. I love to see companies succeed, but only if they DESERVE to succeed by offering REAL value to their customers and distributors. If you’re involved with Evolv I think you have to be real honest with yourself. Let me say that again, be honest with YOURSELF. Take away the comp plan, study the ingredients of the product, look at the price of the product and ask yourself 3 questions: 1. Am I comfortable with it? 2. Is this a product I want to take for the rest of my life (or at least a very long time) as a cornerstone of my good health? 3. Would I get my mom on the product? Assuming she’s alive and you like her :-) If the answers are mainly no you may want to take a stance and align yourself with a company/product that you believe in and matches your core values. If your answers are yes then stick with it and don’t let anyone deter you from consuming it and sharing it with the world. By the way, I have very strong opinions about the product but I’ll keep them to myself.

  19. Dan Mitchell

    04. Dec, 2009

    Would I get my mom on the product? Nice question…I’m pretty sure my Mom already drinks water…what is it again that makes Evolv water special? I’m not convinced…

  20. Micah

    04. Dec, 2009

    When I looked at it their water retailed for about $3.00/bottle and was going to cost me about $3.35/bottle to get it..

    That made it a very unique value! Water in a bottle that cost more than the published retail.

    I do believe we could call that a special feature!

  21. Beth

    08. Dec, 2009

    Nationally Recognized Cancer Researcher to Advise Health2O Products. Health20 Is Evolv’s manufacturing partner.

    DALLAS, TX (December 7, 2009)—Dr. Robert Newman, a renowned medical researcher and Professor Emeritus at The University of Texas M.D. Anderson Cancer Center in Houston, has agreed to consult with Health2o Products, LLC in regards to further testing of its Archaea Active™ formula.

    http://blog.evolvhealth.com/2009/12/nationally-recognized-cancer-researcher-to-advise-health2o-products/

  22. Jonathan G

    09. Dec, 2009

    “Nationally Recognized Cancer Researcher to Advise Health2O Products.”

    Well, I guess if you can’t use the MDACC name, at least you can hire a retired MDACC doc to consult, and I stress, CONSULT, nothing more. That way, you can use the MDACC name without all the litigation.

  23. justice

    05. Feb, 2010

    Setting the Record Straight
    by Carl H. Martens on 20/11/09 at 8:34 am

    Below is something Trey White posted on the corporate website in regards to the ongoing dispute and lawsuits regarding The MD Anderson Cancer Center.

    I have some information that I would like to share with you regarding our involvement with The MD Anderson Cancer Center (MDACC) and recent developments.

    As you are aware, we used MDACC for specific testing on the Archaea Active Formula to further validate the years of anecdotal testimonials that Gene Kaiser was receiving from people drinking the Archaea Active-enhanced water. After reviewing the stack of testimonies, I was intrigued enough to invest into the first round of studies at MDACC and Futureceuticals Inc..

    Our manufacturing partner, Health2o Products LLC, engaged MD Anderson to test the “anti-inflammatory” properties and also retained Futureceuticals to test for increased oxygen utilization. Both studies came back with positive results which engaged our interest in conducting further studies and developing our plan to bring the product to market.

    We launched the Evolv product using the Archaea Active formula knowing that we have a product with GRAS (Generally Regarded as Safe)-only ingredients delivered in natural spring water and in vitro studies from two world class independent research facilities. The testing from both facilities yielded data that supported the anecdotal testimonials from Kaiser’s lab which has created the foundation for Archaea Active products.

    We launched our product making it clear that neither testing facility endorses our product. Our original plan was to launch the product as a traditional retail product. However we changed our business plan to launch the product through a network marketing model.

    Unfortunately the networking marketing industry still has some level of misunderstanding associated with it; some people still do not understand the thriving and legitimate business that is direct sales. Great business leaders understand. Warren Buffet, for example, owns the very successful direct sales company, Pampered Chef. Direct sales companies such as Avon, Mary Kay, Amway and Shaklee have been in business for decades, doing billions of dollars in annual revenues and changing millions of people’s lives.

    However some feel a negative association to be tied to this industry. MDACC recently shared their concern with us and asked us to remove their trademark and name from our packaging, even though we had their approval originally to do so. Because we paid for the testing and have shared the abstracts on http://www.archaeaactive.com, we believe that we are in our legal right to state who did our testing. To reiterate, we make it very clear that MDACC does not endorse our product in any way.

    In regards to this dispute, Health2o decided to ask the courts to make a determination. The University of Texas Board of Regents (MDACC’s sponsoring organization), replied to our lawsuit with their own suit against Health2o Products and EvolvHealth in an attempt to change the court venue from Dallas to Houston. We believe based on the facts that we are within our legal rights to state on our packaging that MDACC conducted the testing for us. We have no signed documentation stating otherwise.

    Most importantly, the results of the in vitro tests are not in question, it is whether or not we can print their name on our bottle and box. It is really that simple. We are confident that we will come to a resolution on this issue soon.

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