• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

As CEO of the $96 billion Sam’s Club, Latriece Watkins is testing her mettle at the warehouse retailer that produced CEOs for Walmart, Target, and Walgreens

2

Jeff Bezos wants the bottom half of earners to pay zero income tax—he says nurses making just $75K should save $12K a year

3

As AI slashes white-collar jobs, Salesforce CEO Marc Benioff says almost no one is being hired—except in sales

1

As CEO of the $96 billion Sam’s Club, Latriece Watkins is testing her mettle at the warehouse retailer that produced CEOs for Walmart, Target, and Walgreens

2

Jeff Bezos wants the bottom half of earners to pay zero income tax—he says nurses making just $75K should save $12K a year

3

As AI slashes white-collar jobs, Salesforce CEO Marc Benioff says almost no one is being hired—except in sales
FinanceHerbalife

Herbalife in Talks with FTC to Resolve Probe

By
Roger Parloff
Roger Parloff
Down Arrow Button Icon
By
Roger Parloff
Roger Parloff
Down Arrow Button Icon
February 25, 2016, 10:20 PM ET
Herbalife CEO Michael Johnson and activist investor Bill Ackman
Photograph by Michael Lewis for Fortune (left); Neil Wilder—Corbis Outline (right)

Nearly 22 months after the Federal Trade Commission commenced a formal inquiry into the business practices of Herbalife, a meal replacement and nutritional supplements company, the firm disclosed on Thursday that it and the agency are “in discussions . . . regarding a potential resolution of these matters.”

The revelation, which was made in an SEC filing, plays it very close to the vest, however, leaving all possible outcomes—positive and negative—very much on the table: “The possible range of outcomes include the filing by the FTC of a contested civil complaint, further discussions leading to a settlement which could include a monetary payment and other relief or the closure of these matters without action,” the company wrote.

The probe was prompted by billionaire activist investor Bill Ackman, whose Pershing Square Capital Management hedge fund unveiled a $1 billion short position in the company’s stock in December 2012, at which time he also presented a 3.5 hour, 340-slide PowerPoint lecture declaring that the company was a pyramid scheme. Herbalife has strenuously denied the accusation. I wrote a feature story about Ackman’s siege last September.

Thursday’s disclosure, which accompanied the release of the company’s favorable fourth quarter and annual financial results, was met by the market with an ecstatic response in after hours trading, with Herbalife stock soaring as much as 16%. (As of this writing, the stock is up about 12.5%, at about $52, after having closed at $45.76.)

Still, Herbalife’s disclosure itself is scrupulously opaque. “The Company is cooperating with the investigation,” it says, “and at this time it is difficult to predict the timing, and the likely outcome, of these matters. Moreover, no assurances can be given that the outcome of these matters will not have a material adverse impact on the Company’s business operations, its financial condition or its results of operations. At the present time, the Company is unable to estimate a range of potential loss, if any, relating to these matters.”

The FTC investigates “unfair or deceptive acts or practices.” A pyramid scheme is one particularly severe such practice, and when the FTC believes that one exists, it ordinarily must try to shut it down.

However, if the commission finds that the target of an inquiry is not a pyramid scheme, it might still accuse it of lesser unfair practices—like making false representations or having done so in the past. In such instances, an inquiry could be resolved with a fine and, say, a consent decree. In a consent decree, the defendant—often without admitting wrongdoing—agrees to submit to a court order ensuring that it will play fair in the future, on pain of contempt sanctions. (Ackman has accused Herbalife, for instance, of misleading its independent distributors into believing they have a better chance of making money than they do.)

Herbalife is a multi-level marketing company, or MLM. Such companies distribute their products through a network of independent contractors who are rewarded not just for selling the product, but also for recruiting other distributors to sell the product, who are incentivized, in turn, to recruit still more distributors to sell the product, in a pyramidal pattern.

Some consumer advocates argue that all MLMs should be illegal because they can become pyramid schemes. But courts have said that such businesses can be lawful so long as they observe certain safeguards to ensure sustainability.

At the time I wrote in my feature last September, Ackman said that Herbalife’s stock would have to dip to the low-30s for him to make a profit, and that the cost of maintaining his position came to about $100 million a year. He has repeatedly asserted that Herbalife’s stock will eventually go to zero, either due to being shut down by the authorities or from collapsing of its own unsustainability.

Last month, the Wall Street Journal suggested that Manhattan federal prosecutors were dropping an inquiry into criminal allegations that Ackman had leveled against Herbalife, as well as into criminal counter-allegations—mainly stock manipulation—that Herbalife had leveled against Ackman.

However, the standards for proving an unfair and deceptive act or practice are different from those for proving federal crimes. In any case, Herbalife’s disclosure on Thursday did not suggest that any probes were definitively over, or that they were continuing.

Spokesmen for Herbalife and Pershing Square both declined comment.

About the Author
By Roger Parloff
See full bioRight Arrow Button Icon

Latest in Finance

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in Finance

Best certificates of deposit (CDs) for May 2026
Personal FinanceCertificates of Deposit (CDs)
Best certificates of deposit (CDs) for May 2026
By Glen Luke FlanaganMay 29, 2026
8 hours ago
Russia warns war costs are ravaging its finances while Ukrainian ‘drone overmatch’ sends Putin’s forces reeling in new phase of combat
PoliticsRussia
Russia warns war costs are ravaging its finances while Ukrainian ‘drone overmatch’ sends Putin’s forces reeling in new phase of combat
By Jason MaMay 29, 2026
9 hours ago
Mid adult real estate agent talking to couple at a house for sale
Real Estatehomebuying
Pandemic relief funds accidentally broke the housing market by helping scammers inflate local home prices nearly 6%, study finds
By Tristan BoveMay 29, 2026
10 hours ago
donald trump
EconomyImmigration
Immigration restrictions don’t boost native workers. They cut economic mobility for generations, study finds
By Jake AngeloMay 29, 2026
10 hours ago
dimon
SuccessGen Z
Jamie Dimon tells Gen Z to ‘learn how to think, learn how to earn respect’ as he describes ‘great meeting’ with Zohran Mamdani
By Nick LichtenbergMay 29, 2026
11 hours ago
The AI arms race in cybersecurity has started. Most companies aren’t ready
Cryptocyber
The AI arms race in cybersecurity has started. Most companies aren’t ready
By Philip MartinMay 29, 2026
11 hours ago

Most Popular

As CEO of the $96 billion Sam’s Club, Latriece Watkins is testing her mettle at the warehouse retailer that produced CEOs for Walmart, Target, and Walgreens
Magazine
As CEO of the $96 billion Sam’s Club, Latriece Watkins is testing her mettle at the warehouse retailer that produced CEOs for Walmart, Target, and Walgreens
By Emma HinchliffeMay 27, 2026
3 days ago
Jeff Bezos wants the bottom half of earners to pay zero income tax—he says nurses making just $75K should save $12K a year
Success
Jeff Bezos wants the bottom half of earners to pay zero income tax—he says nurses making just $75K should save $12K a year
By Preston ForeMay 21, 2026
8 days ago
As AI slashes white-collar jobs, Salesforce CEO Marc Benioff says almost no one is being hired—except in sales
Success
As AI slashes white-collar jobs, Salesforce CEO Marc Benioff says almost no one is being hired—except in sales
By Emma BurleighMay 28, 2026
1 day ago
Current price of oil as of May 28, 2026
Personal Finance
Current price of oil as of May 28, 2026
By Joseph HostetlerMay 28, 2026
2 days ago
UBS says Ron DeSantis has a problem with his plan to help 92% of homeowners save on property taxes: His own state's data
Personal Finance
UBS says Ron DeSantis has a problem with his plan to help 92% of homeowners save on property taxes: His own state's data
By Nick LichtenbergMay 28, 2026
1 day ago
The river that supplies 40 million Americans is down to 23% — and about to make a $25 million bet on one fish
Environment
The river that supplies 40 million Americans is down to 23% — and about to make a $25 million bet on one fish
By Dorany Pineda, Brittany Peterson and The Associated PressMay 27, 2026
3 days ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.