Hi everyone,
Just a quick note on those making a comment about competitors showing up. Please
know that what Gary Holister says in his insert is not only about this particular company,
but any company infringing on the patent (for those of you have seen a product in Costco).
The patent is listed here and you may view it and see for yourself. Litigation takes time
and is not something that happens overnight so weeding these out will take time. Also,
keep in mind that anyone looking to find another ""Mangosteen""
product at a lesser price will only jump from product to product. These are not the ones
who are looking to build a lifetime business with a company of integrity. No one will ever
even come close to XanGoT "the category creators".
Go XanGoT!
----- Original Message -----
From: XanGo 500K
To: Downline List
Sent: Wednesday, May 18, 2005 5:26 PM
Subject: lies and truth 5.18.05
"Men of energy of character must have enemies; because there are two sides to every
question, and taking one with decision, and acting on it with effect, those who take the
other will of course be hostile in proportion as they feel that effect."
--Thomas Jefferson
Good and Evil, from the time of the Garden of Eden, have been with us. The fall of mankind
was based upon a cunning lie when the serpent beguiled Eve to partake of the forbidden
fruit that God had told Adam and Eve never to eat. Liars twist the truth, attempt to
confuse their victim, and then lead them to ruin.
Lies and Fruit:
Fast forward from thousands of years ago to present day, and again a liar is using fruit
and deception to lead good people astray. Some of you may have heard about the lawsuit
that XanGo has launched against B.K. Boreyko and his companies, New Vision and Vemma for
flagrant violation of patent infringement.
B. K. Boreyko has built his Vemma business on a lie and he continues to lie. While B.K.
Boreyko could not find one skeleton in any of the respective closets of our Corporate
Team, he then personally attacked the credibility of XanGo distributors in his desperate
attempt to stop the bleeding artery as his distributors leave New Vision in droves. Could
you ever, ever, ever imagine any one of our Corporate Team stooping so low? Dunn and
Bradstreet have reported that New Vision is in steady decline and has lost 90% of its
sales during the last eight years and continues to trend down! That's what drives New
Vision and B. K. Boreyko to make outrageous and erroneous allegations. He is scared to
death.
XanGo has always ignored B. K. Boreyko's feeble attempts to damage XanGo, however, the
lies have become so repugnant that XanGo has issued a release citing the facts, facts that
are verifiable and irrefutable. It appears that New Vision and two other MLM companies,
petrified at the stunning and remarkable growth of XanGo, have collaborated in trying to
destroy XanGo Distributors' belief and trust in XanGo and it's credibility, and trying to
frighten them into joining their floundering companies. Do you really want to be involved
with a company that is in steady decline and that has lost 90% of its sales during the
last eight years? No thanks, I'm not into booking passage on the Titanic!
XanGo works to build their business by presenting a phenomenal product, a fair and
lucrative marketing plan, and by exhibiting the honesty, integrity and good character of
their Corporate Team in the way that they manage this burgeoniong company that continues
to shatter our industry's records. New Vision and these other two companies are like
jackals, hiding in the bushes, seeking to destroy and tear down that which is good so that
they can feed on the entrails of that which they seek to destroy. But they have as much
impact as a flea on an elephant's buttox! When they approach you, just flick them away
with your finger tips, the way you'd flip a gnat off your arm. You are in the right place
at the right time with the company of the Century. We are the standard bearers, we are the
originals, we don't compare ourselves with anyone else because there simply isn't any
comparison. XanGo is the envy and at the same time the pride of the MLM industry. Gosh, I
feel like breaking into song....."We are the Champions....." I am SO proud to be
a XanGo distributor!!
Let me give you the background of this situation and the birth of New Vision and Vemma's
mangosteen product: Unfortunately, a prominent XanGo distributor , who was also a
New Vision distributor (and may still be), used deception to elicit personal experiences
from unsuspecting XanGo Distributors about the results that they have received from using
XanGo's mangosteen juice and asked these Distributors for permission to be included in
recording them for a CD, a tool, she said, for XanGo Distributors to use. She lied to
these distributors....do you think she told them, "I'm going to use your testimonies
to fool people into believing that you are talking about New Vision's product."
Hardly. These Distributors would not have uttered a word on that CD.
She then approached the leading experts on the Mangosteen and Xanthones, Dr. Templeman and
Dr. David Morton, to ask them to participate in this CD wherein these personal experiences
by XanGo Distributors would be also recorded. The good doctors themselves are truthful,
intelligent, with great credentials, and are without blemish; anyone would be honored to
have them remark in a positive manner on a product's ingredients. Is it any wonder that
this distributor wanted them to be on her cd? I repeat, the XanGo Distributors and the
doctors were told that this was a tool for XanGo Distributors to use in the building of
their businesses. The Doctors were asked to share the research that they had done on the
mangosteen, it's
pericarp and the precious xanthones contained therein. Drs. Templeman and Morton are not
XanGo Distributors, and are not employed by XanGo, but have independently researched this
fruit and the xanthones and studied mountains of legitimate research from other
scientists, doctors and researcher from around the world.
This CD, in fact, was produced to be introduced at New Vision's Convention even before
being made available to XanGo Distributors.....this tool was launched along with New
Vision/Vemma product! As a matter of fact, this distributor called Dr. Templeman and asked
if he would speak at New Vision's Convention, and Dr. Templeman declined. This distributor
and B.K. Boreyko approached Dr. Templeman again, offering him one dollar on every bottle
of New Vision's inferior mangosteen drink sold if he would speak at the convention. Again
Dr. Templeman declined.....emphatically.
The New Vision Convention took place and this XanGo Distributor was escorted to the stage
and was given much applause for her participation in creating such a great tool that the
New Vision Distributors could use to build their New Vision/Vemma business. New Vision and
Vemma Distributors have used this tool to build their downlines because B.K. Boreyko sent
CDs out to his Distributors, and as I have heard, even after a cease and desist was
ordered by the court, he continued to distribute them.
New Vision's mangosteen drink was built on lies, built on the testimonials of XanGo
distributors about XanGo's superior mangosteen drink. It was shocking to the good and
unsuspecting XanGo Distributors who had generously given their testimonials to this
cunning XanGo distributor who used them, lied to them, and took their testimonials and
with B.K. Boreyko, passed them off as testimonials for Vemma! They were getting calls from
New Vision distributors asking them when they joined New Vision, or in the instance of one
woman, when she had decided to come back to New Vision! They were absolutely furious
at having been so deceived!!!
HOW COULD ANYONE TRUST AND BELIEVE OR WISH TO BECOME INVOLVED WITH A COMPANY WHOSE OWNER
IS A LIAR, WHOSE PRODUCT IS BASED ON A LIE, WHO HAS LIED TO EVEN HIS OWN DISTRIBUTORS
PRETENDING THAT THE TESTIMONIALS NEW VISION DISTRIBUTORS WERE LISTENING TO ON THE CD WERE
FROM DISTRIBUTORS IN THEIR OWN COMPANY, NEW VISION?????? Lies, lies, lies and more lies
spew forth from B.K. Boreyko. And what about the credibility of this XanGo distributor who
was a participant and the author of this deception?
B.K. Boreyko's product has been reformulated numerous times, and he even had the audacity
to send a representative to Wild Flavors and ask them to formulate a product for them!!!!
Wild Flavors turned them down flat and said that they produce the mangosteen product for
XanGo, exclusively. Wild Flavors is a 75 year-old multi-billion dollar company, whose
honestly, reputation, and credibilty is legend worldwide. They weren't about to get
involved with the likes of New Vision.
XanGo has responded to the latest barrage of lies from B.K. Boreyko in order to clear up
the confusion that he is attempting to create.
Below is a statement from Gary Hollister, CEO of XanGo (emphasis on some words and phrases
are mine) :
Dear XanGo Leaders:
Market leaders and innovators are often the subject of misinformation campaigns by
frustrated or unprofessional competitors. Such is the case for XanGo, creator of the
mangosteen beverage category and its leading product, XanGo(tm) Juice. XanGo's phenomenal
success makes us a target for struggling competitors.
New Vision's statement of May 16, 2005, is just the latest in a sad string of
misinformation.
XanGo's Patent Reexamination
In its statement, New Vision suggests that the United States Patent & Trademark Office
(USPTO) has completed the reexamination of XanGo's patent (U.S. Patent No. 6,730,333), and
that XanGo's patent is no longer valid.
This is reckless and incorrect. Those who understand the patent process can attest that
the reexamination proceeding in the USPTO is a lengthy process and did not conclude with
the "final" action. Indeed, a "final" rejection is not fully upheld in
the vast majority of reexamination proceedings.
A diagram of the reexamination process, which further refutes New Vision's statement, is
shown on the U.S. Patent Office web site at www.uspto.gov/web/offices/pac/mpep/documents/2200_2201.htm
XanGo remains confident in a favorable outcome from the reexamination proceeding. Most
importantly, while the reexamination proceeding is ongoing, the U.S. courts recognize
XanGo's patent as valid and enforceable.
New Vision's "Mangosteen" Drink
New Vision is promoting misinformation about what is actually in its own mangosteen
product. New Vision and Vemma, both owned and operated by Benson Boreyko, sell the same
product under different names.
On the label for its drink, New Vision claims:
"This . . . formula is made in a base of whole fruit mangosteen juice and pericarp
[and] whole leaf aloe vera juice . . ." In contrast, in court documents
filed by New Vision in the patent infringement lawsuit, New Vision claims:
* "New Vision USA's mangosteen product does not include as an ingredient any juice of
any kind much less juice from fruit of a Garcinia mangostana L. tree . . ."
* "Aloe vera juice is not an ingredient of New Vision's mangosteen product."
* "Defendants do not know, and therefore deny, that New Vision USA's mangosteen
product contains as an ingredient any pericarp, much less pericarp processed or ground
from whole fruit pericarp."
* "Defendants believe, but do not know, that the fruit from which the powder compound
is extracted comes from the species of Garcinia mangostana L."
New Vision is saying one thing in court and another on its product label. How can
New Vision claim that its product is superior when it apparently does not know the
product's ingredients?
In addition, contrary to New Vision's statement, XanGo has successfully partnered with
WILD Flavors to produce the industry's leading mangosteen beverage, XanGo(tm) Juice. In
fact, in its corporate publication, "WILD Telegraph," WILD Flavors described its
"exclusive partnership" with XanGo as one of its success stories.
New Vision's Struggling Business
In addition to presenting inaccurate information in its statement, New Vision also fails
to disclose the present circumstances of its own business.
Just three weeks ago in open court, New Vision's attorney stated that Mr. Boreyko had to
funnel $3 million of his own money into the business last year. This fact is in contrast
to Boreyko's recent public statements about his past business success. Based on the most
recent Dunn & Bradstreet reports, the 10-year-old New Vision company has lost 90
percent of its sales over the last eight years, and continues to trend down.
New Vision's attempt at a mangosteen drink was in response to XanGo's category-creation
success. Faced with such formidable competition, New Vision has resorted to its
unfortunate campaign of misinformation.
New Vision's Commentary on the Morinda Litigation
New Vision resorts to misleading characterizations of a separate lawsuit, between Morinda
and XanGo. That New Vision would repeat the baseless legal claims raised against XanGo by
Morinda shows how desperate it is to deflect attention from its own problems. In that
lawsuit, XanGo filed a counterclaim against Morinda and others, asserting claims for
unfair
competition, false advertising, trademark infringement, unfair and deceptive trade
practices, defamation and other claims. The only substantive ruling to date in that
lawsuit was when the court sanctioned Morinda for failure to cooperate in discovery and
for violation of a protective order. Based on that ruling, the court entered sanctions
against Morinda and ordered it to pay XanGo in excess of $20,000 in fines and attorney's
fees.
XanGo's Market Leadership
XanGo created the mangosteen beverage category and was the first to market with a superior
product. Our distributors and consumers illustrate the truth. By any measure of success-be
it meeting attendance, product sold, distributor enrollment, or commissions paid-XanGo's
success speaks for itself.
Together we have built this magnificent success, and together we will continue to advance
XanGo's distributor network, sales and standing as the undisputable creator of the
mangosteen beverage category. It is vital that we all remain focused on those admirable
goals in the midst of these attempts to distract us.
If you have any questions about further misinformation from New Vision or other companies
struggling to keep up with XanGo, please call your upline leaders. Thank you for your
continued contributions to our coveted success.
Sincerely,
Gary Hollister
Chairman & CEO
XanGo, LLC
----------------------------------------------------------------------------------------------------------------------------
Dear Team:
Please pass this information on to your downline so that they do not get caught up in the
lies and deception of the likes of B.K. Boreyko and his minions.
XanGo is now, and has always been based upon truth. We have a Corporate Team who is highly
visible to the field, who has never deviated from ethical practices, who has always sought
to protect and provide for the field and customers a superior, legitimate product based
upon extensive research. Their combined reputations and clear vision for the future,
along with their superior product, not only interested Wild Flavors in producing their
product, but this honorable, prestigious company was so impressed that they not only
wanted to produce the product, but to partner with XanGo! That's amazing!
I have told you repeatedly in my newsletters that what drew me to make a decision to
become actively involved in XanGo was the Corporate Leadership. In our
twenty-plus years in this industry, we had never, ever, been exposed to a finer group of
men, men with good experience, credibilty, honor, energy than our XanGo team of Joe
Morton, Gordon Morton, Aaron Garrity, Gary Hollister, Bryan Davis and Kent Wood. We know
B.K. Boreyko from our Matol days, we even joined New Vision at one time several years ago.
B.K. had taken us to lunch, and invited us to the opening of New Vision's office that had
moved to Scottsdale. I still have a copy of his invitation. He was very anxious to have us
become a part of his team. We never built a downline with New Vision since it met none of
the criterea we had set for the type of company we felt was worthy of our time.
Keep this newsletter, and when you have a prospect or a distributor who has heard the lies
of B.K. Boreyko, you can then present them with the truth.
Please click onto the site in Gary Hollister's letter regarding patents and you'll see the
process involved. Reexamination of patents is a typical process, and the vast majority of
patents stand after reexamination. It is also a lengthy process, and during the process,
the patent stands and is in effect. Bare in mind, however, that when Sherman and I joined
XanGo, no
patent had yet been granted, and it wasn't of any importance to us. Very few companies in
our industry have patents. As a matter of fact, what products of New Vision are patented?
They are basically me-too products. Perhaps that, and B.K. Boreyko's tendency toward
lying is why New Vision is on the decline, as in Gary Hollister's letter above reveals:
Based on the most recent Dunn & Bradstreet reports, the 10-year-old New Vision company
has lost 90 percent of its sales over the last eight years, and continues to trend down.
B.K. Boreyko is struggling to keep his company alive, but as they say, houses built on
sand (or companies built on lies) aren't built to last. The first wave of water (or wave
of truth) washes them away.
Put your track shoes on!
The great news is that this latest barrage of lies has really created a response that will
horrify B.K. Boreyko, and the other two floundering companies....We were going to slow
down a bit this summer and take it easy. Not now! We are charged up and going to pour on
the activity by working harder than ever in June, July and August. So, we are inviting you
to participate in this tremendous spurt of activity the way our other Leaders have agreed
to do and are anxious to being. We will have more meetings, more conference calls, more
visibility than we have ever had before. We will make production go through the roof! When
you are armored in truth and represent the best Company in our industry, nothing can stop
us! Our Leaders are filled with Righteous Indignation and have strapped rockets to their
track shoes ..... they are chomping at the bit and getting prepared for the begin of our
Rightous Indignation Blitz that will commence June 1st. Look forward to an exciting,
fun-filled and productive summer! I will be writing another e-mail today with updates on
itinerary and plans for our upcoming Production Blitz!
They also that render evil for good are mine adversaries; because I follow
the thing that good is. ~ Psalm 38:20
We choose to follow the thing that good is....XanGo!
Now go out and be PROUD TO BE A XANGO DISTRIBUTOR!
of drinks using
mangosteen juice. On April 21, 2005 XanGo's patent was rejected 
