FTC Seeks Applicants for Independent Compliance Auditor to Assess Herbalife’s Compliance with Court Order

The Federal Trade Commission is seeking applications for an Independent Compliance Auditor (ICA) to assess and report on Herbalife’s compliance with and implementation of a judicially-enforceable stipulated order for permanent injunction and monetary judgment.

The order provides for an ICA to assess and report on implementation of reforms in the following general areas of Herbalife’s U.S. business: tracking of retail sales; distinguishing between business opportunity participants and discount buyers (also known as “preferred customers”); observing limitations on compensation based on personal consumption of products; calculation and payment of multi-level compensation; and certain training requirements.

As provided in the order, the ICA will be selected jointly by the FTC and Herbalife unless they are unable to agree, in which case the court will appoint the ICA. This request for applications does not commit the FTC and Herbalife to select an individual or firm to serve as the ICA from the applicants who respond to this request.

The term of the ICA is seven years. A description of the scope of work required by this project, and the information that must be included in the application, is set out in the request for applications. Applications must be received by August 29, 2016, at 12:00 midnight ET.

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