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TMCNet:  Herbalife Comments on Pershing Square-Sponsored Advertisement

[May 01, 2014]

Herbalife Comments on Pershing Square-Sponsored Advertisement

LOS ANGELES --(Business Wire)--

Herbalife (NYSE:HLF) a leading global nutrition company, today commented on the upcoming event hosted and sponsored by Bill Ackman and Pershing Square Capital Management. As recently confirmed by ABC News, Mr. Ackman has spent more than $20 million to date on his campaign against Herbalife. Herbalife views the release of this advertisement posing as a "documentary" as nothing more than propaganda. The company believes this is yet another tactic in Mr. Ackman's calculated, coordinated and well-funded effort to destroy a 34-year old company and support his $1 billion bet against Herbalife.

We applaud Connie Chung's decision to withdraw from this spectacle. We believe the decision of an independent journalist to withdraw shows Mr. Ackman's event for what it is: misleading propaganda designed to help achieve his ultimate goal of enriching himself by driving down Herbalife's stock.

As for the event's new moderator, Robert Fitzpatrick, a self-proclaimed expert in multi-level marketing, he is a known critic of the industry, and a consultant to Mr. Ackman and three-time convicted felon and perpetrator of fraud Barry Minkow. Herbalife believes Mr. Fitzpatrick's involvement is further evidence that this "documentary" is merely another biased attack on our company. As such, Herbalife has not been asked to nor has any intention of participating in Friday's media event.

Since 2008, approximately 1.6 million new members have joined Herbalife in the U.S., including nearly 84,000 in the first quarter of this year alone. Studies have clearly shown that the vast majority of Herbalife members have realistic expectations and a positive experience.

The 'Gold Standard' consumer protection rules that Herbalife offers all its members not only meet, but in most cases exceed the standards prescribed by the Direct Selling Association (DSA), of which the company is a long-time member in good standing. The Gold Standard guarantees:

  • no minimum purchase requirements and no requirement to purchase any sales or business tools to start up or succeed;
  • low start-up costs and 100% 90-day money back guarantee for cost of start-up pack;
  • 100% money-back guarantee, plus shipping costs, for all unsold products purchased within prior 12 months; and
  • clear, accurate and timely disclosures regarding potential income-generating opportunities in the Statement of Average Gross Compensation, which can be found here.


In addition, Herbalife requires that its members acknowledge in writing that they are aware of each of these Gold Standard Guarantees before their application is accepted.

The company has recently unveiled iamherbalife.com to highlight, in their own words, the positive impact Herbalife has had on the lives of the company's members and customers. It also shines a light on the truth behind the allegations made by Mr. Ackman and the extraordinary lengths he has gone to in order to achieve his goal of driving down Herbalife's stock price for financial gain.

About Herbalife Ltd.

Herbalife Ltd. (NYSE:HLF) is a global nutrition company that sells weight-management, nutrition and personal care products intended to support a healthy lifestyle. Herbalife products are sold in more than 90 countries to and through a network of independent members. The company supports the Herbalife Family Foundation and its Casa Herbalife program to help bring good nutrition to children. Herbalife's website contains a significant amount of financial and other information about the company at http://ir.Herbalife.com. The company encourages investors to visit its website from time to time, as information is updated and new information is posted.

FORWARD-LOOKING STATEMENTS

Although we believe that the expectations reflected in any of our forward-looking statements are reasonable, actual results could differ materially from those projected or assumed in any of our forward-looking statements. Our future financial condition and results of operations, as well as any forward-looking statements, are subject to change and to inherent risks and uncertainties, such as those disclosed or incorporated by reference in our filings with the Securities and Exchange Commission. Important factors that could cause our actual results, performance and achievements, or industry results to differ materially from estimates or projections contained in our forward-looking statements include, among others, the following:

  • our relationship with, and our ability to influence the actions of, our Members;
  • improper action by our employees or Members in violation of applicable law;
  • adverse publicity associated with our products or network marketing organization, including our ability to comfort the marketplace and regulators regarding our compliance with applicable laws;
  • the outcome of inquiries from regulatory authorities;
  • changing consumer preferences and demands;
  • our reliance upon, or the loss or departure of any member of, our senior management team which could negatively impact our Member relations and operating results;
  • the competitive nature of our business;
  • regulatory matters governing our products, including potential governmental or regulatory actions concerning the safety or efficacy of our products and network marketing program, including the direct selling market in which we operate;
  • legal challenges to our network marketing program;
  • risks associated with operating internationally and the effect of economic factors, including foreign exchange, inflation, disruptions or conflicts with our third party importers, pricing and currency devaluation risks, especially in countries such as Venezuela;
  • uncertainties relating to the application of transfer pricing, duties, value added taxes, and other tax regulations, and changes thereto;
  • uncertainties relating to interpretation and enforcement of legislation in China governing direct selling;
  • uncertainties relating to the interpretation, enforcement or amendment of legislation in India governing direct selling;
  • our inability to obtain the necessary licenses to expand our direct selling business in China;
  • adverse changes in the Chinese economy, Chinese legal system or Chinese governmental policies;
  • our dependence on increased penetration of existing markets;
  • contractual limitations on our ability to expand our business;
  • our reliance on our information technology infrastructure and outside manufacturers;
  • the sufficiency of trademarks and other intellectual property rights;
  • product concentration;
  • changes in tax laws, treaties or regulations, or their interpretation;
  • taxation relating to our Members;
  • product liability claims;
  • whether we will purchase any of our shares in the open markets or otherwise; and
  • share price volatility related to, among other things, speculative trading and certain traders shorting our common shares.

We do not undertake any obligation to update or release any revisions to any forward-looking statement or to report any events or circumstances after the date hereof or to reflect the occurrence of unanticipated events, except as required by law.


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