Note that the email sent by doTERRA about the lawsuit was apparently sent to silvers and above. That said, here are my comments posted in a doTERRA FB group, that explain a bit about what's going on, and I've also attached all three legal documents:
-- Here's my take on the situation: Because of the information that accused doTERRA's peppermint oil of being inferior, etc. doTERRA corporate must have investigated further into how it all transpired. Based on their findings, Thrive Holdings, LLC (aka doTERRA), filed suit against Young Living, et al, on June 18, 2013. In the 30-page Complaint (which I have attached) are a series of statements, presented as facts, to identify what happened in the process of the false claims by Young Living, et al. The Complaint explains the process by which Richard Carlson, a YL employee, had an independent chemist (ALS) test multiple samples of peppermint given to ALS by Carlson. Without getting all "legalese" on everyone, suffice it to say that doTERRA has done it's due diligence and attached documentation to the Complaint to justify doTERRA's claims against YL of "false and deceptive statements." (p. 18). doTERRA sets forth 5 causes of action (specific claims based in law) with details, and then asks for: 1) "a temporary restraining order, injunction and permanent injunction, restraining and enjoining Defendants, including Young Living and its officers, directors, employees....from making false, misleading, disparaging and defamatory comments about doTERRA to third parties..." 2) "an order requiring the removal of the peppermint report and any other statements relating to the peppermint report or any other defamatory, false and/or unsupported statements relating to doTERRA from the Certified Synthetic Website." (Note that YL is alleged to have created the CSW website through which to publish their false information about doTERRA's peppermint). 3) "for an award of damages...in an amount to be determined at trial..." Now, that's just the first "prayer for relief" based on the first cause of action, and remember there are 5. So in each case doTERRA is asking for both temporary and permanent restraining orders against YL and monetary damages for the false statements made by YL about doTERRA peppermint oil.
The YL response was undoubtedly expected by those who understand the legal process, including the attorneys for doTERRA corporate. In a countersuit filed by YL on June 19, 2013 (I attached a copy of this, too), essentially alleging that doTERRA's claim that the oils are "100 pure" "CPTG", etc. is bogus and unfounded (but uses lots more words than that--23 pages worth). YL claims of "false advertising" are based, in part, on it's report about doTERRA peppermint being poor quality, etc., and asks that the doTERRA trademarks related to "CPTG" be declared invalid. So this is the suit that Lisa was asking about, and it is in direct response to the suit filed by doTERRA against YL for the peppermint situation.
Additionally...YL filed an amended complaint on 7/18/13, simply amending their original complaint filed in June. Comparing the two documents YL has expanded their claims to include many more oils/products that the 3 mentioned in the original complaint (peppermint, lavender, frankincense). The rest of the document is basically the same (and is also attached).
doTERRA is not going to "react" to this, rather they will respond appropriately in a court of law. Meanwhile, we need to trust the company we have joined, we love these oils, many of us have experienced amazing benefits from these oils, and just because YL files a lawsuit does not automatically mean that there is anything wrong. In fact, this isn't the first time YL filed suit against doTERRA. YL went through a list of attorneys the first time they sued doTERRA. The attorneys didn't want to take the case because they knew there was no basis. YL finally found one willing to participate but the suit was dismissed (meaning the court found no merit in YL's claims against doTERRA). David Stirling's response to that situation is posted on the EverythingEssential.me site:
http://www.everythingessential.me/Hints/Dave%20Stirling.html
Let me know if you have any questions!
Liz
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