More Bioperformance (Now BPI Worldwide)

madinsacramento · Post by **madinsacramento** » Fri Apr 20, 2007 2:26 pm

Well, I guess the Desperado Duo of Lowell and Gus couldn't persuade their 5 firm legal team they could stay out of trouble. New home base of BP - Florida!!! FuelSaving - warm up your emailing fingers, cuz guess who's in charge now -

We are pleased to announce that Ernie Land (Doc Fog), a veteran in the network
marketing industry, has agreed to acquire the data base, trademark, and other
items from BioPerformance, Inc.

Our first concern always has been the welfare of the distributors of
BioPerformance, Inc. who worked tirelessly to build a very effective network
marketing organization. After reviewing the legal challenges we have weathered
and the events of the past year, we concluded that this decision will be best
for the distributors, who we love and deeply care about. We want the best for
them in every aspect.

Words cannot describe how appreciative we are of your steadfast prayers, love
and support, and we want you to know that your friendship is deeply appreciated,
more than you will ever know. On May 17, 2006, when the State of Texas obtained
a temporary injunction, we promised the distributors that we would fight for the
company and its product. From that day to this, and against seemingly
insurmountable odds, we have worked tirelessly to help restore the good names of all who were involved.
We also submitted BioPerformance Fuel to rigorous, scientific testing and it
passed the tests, as we knew it would.

When the acquisition is concluded on April 19, 2007, we will not have any
involvement with the management and operations of the business. Our desire is
for you to prosper and achieve tremendous success.

Still no word on how to "unenroll"

Post by **wserra** » Fri Apr 20, 2007 5:15 pm

madinsacramento wrote:New home base of BP - Florida!!!

[Snip usual long-winded BS.]

Translation of usual long-winded BS: "Adios, suckers." Whatever happened to "We're not there yet, but we are very close"?

Still no word on how to "unenroll"

Die.

madinsacramento · Post by **madinsacramento** » Fri Apr 20, 2007 6:30 pm

By the way, and interesting aside - according to subsequent communiques, they will only be operating in 49 states. Being a gambling type, my money on the state they will be illegal . . . .

Texas.

Any takers?

madinsacramento · Post by **madinsacramento** » Tue May 01, 2007 9:34 pm

Well, here we go . . . New communique from the Twilight Zone . .

"The Revolution Will Continue!!

- A Letter from the President Ernie Land /aka Doc FOG

Our revolution to conserve world energy will continue and our cause which I would like to call "Going Green" has begun anew. I hope you will continue in the efforts we all began with Lowell and Gus. We will continue now and I invite each of you to become a part of this newly formed effort. I am much like Victor Kiam from the "Shaver Ad" in that I liked working with the people and the product so much that I have acquired the rights to both the database and the product we loved and called BioPerformance Fuel. . . .You'll be happy to know that our main product will remain BioPerformance Fuel which I have acquired the rights to sell worldwide. We will also be adding several health and nutritional supplements to our product line that are unique in their category and will be exclusive to us. I will continue to add products and services that prove they can make our world a better place for us all to live. My new goal is to look for "GREEN" items to help the effort to reduce energy consumption and Global Warming."

Post by **webhick** » Tue May 01, 2007 10:35 pm

wserra wrote:
Still no word on how to "unenroll"
Die.

You think that'll stop them?

fuelsaving · Post by **fuelsaving** » Mon May 28, 2007 10:50 am

Well, BP is indeed back up and running - http://www.mybpi.com. As expected, they are active in all states except Texas.

They seem to be getting round the AG ruling by not making specific claims for economy or emissions benefit, but just letting the IBOs (distributors) do that. Doc FOG says "freedom of speech" means the IBOs should be allowed to make economy claims - by that logic should I be allowed to say "it's fine for babies to drink bleach"

Still no credic card payments, unsurprisingly.

Also, the $499 "area manager" start-up payment still exists, which I thought was a clear violation of pyramid selling rules.

Time for us skeptics to warm up our computers in preparation for some more lively debates, I think...

Post by **wserra** » Mon May 28, 2007 12:07 pm

fuelsaving wrote:Well, BP is indeed back up and running - http://www.mybpi.com. As expected, they are active in all states except Texas.

And it's not hard to figure out why. Compare the claim on that site:

Simply add Bio Performance Fuel each time you fill up to help reduce those toxic emissions and increase fuel mileage at the same time

with the provisions of the Texas consent judgment, specifically at (2)(A) and (B). Now Doc Fogbound and company can always claim that they possess the "scientific substantiation" the judgment requires, but they sure don't publish the specifics, do they? We all know that Nixon really did have a secret surefire plan to end the Vietnam war, right?

fuelsaving wrote:They seem to be getting round the AG ruling by not making specific claims for economy or emissions benefit,

That actually wouldn't do it, Tony, at least as to fuel economy. Look at the language of the order, specifically at (2)(B): they can't "represent ... will improve or increase the fuel economy or fuel efficiency of gasoline or diesel powered vehicles" at all without FTP/HFET substantiation.

So how can they do it anyway? Well, they're no longer in Texas (in fact, they're now in Utah, the most MLM-friendly venue in the US), the owners are supposedly different, it's supposedly a different product, and they would claim to have that secret substantiation. In fact, of course, this is all BS, but enforcement would now have to occur in Utah.

Don't hold your breath (unless, of course, you're somewhere near an open container of BioPerformance).

Doc FOG says "freedom of speech" means the IBOs should be allowed to make economy claims - by that logic should I be allowed to say "it's fine for babies to drink bleach"

You mean you can't say that? Is there no freedom left in the world?

Still no credic card payments, unsurprisingly.

Why, one can cancel credit card payments. Can't have that. I do like their explanation, though:

Doc Fogbound wrote:However the risk of a business taking credit cards for real transactions is very high as well and Banks want to place limitations on the amount of transactions they allow businesses to make with them. The BioPerformance™ fuel product is in such high demand and sales growth is so rapid that we had to make a management decision not to put at risk our mutual business on having the Banks hold up transactions or stop transactions due to record growth.

And my great-aunt Tillie grows prize-winning tomatoes in her garden in the Sea of Tranquillity.

fuelsaving wrote:Also, the $499 "area manager" start-up payment still exists, which I thought was a clear violation of pyramid selling rules.

Utah likes pyramids. They have a lot of desert to fill up, you see.

BTW, I truly love how they introduce their "leadership":

They each recognized the timing and impact of a new product or service, but unfortunately each time the company behind these products failed to deliver the support and infrastructure to support the growth or the product didn’t perform as advertised. Ultimately each of those opportunities failed.

Allow a modest translation: "These brilliant entrepreneurs all failed at their previous positions. But this time will be different! GIVE US YOUR MONEY!"

madinsacramento · Post by **madinsacramento** » Tue May 29, 2007 7:36 pm

I was going to post earlier, when I got the last email that they were going again.

1)DocFog lives in FL, and is the sole owner of the company. How are they based in UT?

2) The email I got last week clearly stated that they had paid out several hundred thousand dollars already in commissions, before they had shipped any product!! (Exact quote on demand - I wanted to spare the readers here the capital letters, bad puncuation, and breathless wonderment). How is that not illegal in every state by federal anti-pyramid law?

3) Finally, apparently you are out unless you sign up again to get in - so I guess the bank account numbers, etc., weren't part of Doc HolyRoller's purchase agreement. Whew!!. BUT, there are stilll apparently PLENTY of pissed off ex-BPer's, demanding their refunds - because DocFog went to great lengths to explain the limits of his purchase (rights to product distribution and database only), and not to keep emailing him about said refunds.

Once again, the initial scam artists still involved are serial MLMers, whose names belong on state AGs "most wanted" con men. Same guys as before, with the exception of the top two.

PonziKiller · Post by **PonziKiller** » Tue May 29, 2007 9:01 pm

madinsacramento wrote:I was going to post earlier, when I got the last email that they were going again.

1)DocFog lives in FL, and is the sole owner of the company. How are they based in UT?

2) The email I got last week clearly stated that they had paid out several hundred thousand dollars already in commissions, before they had shipped any product!! (Exact quote on demand - I wanted to spare the readers here the capital letters, bad puncuation, and breathless wonderment). How is that not illegal in every state by federal anti-pyramid law?

Once again, the initial scam artists still involved are serial MLMers, whose names belong on state AGs "most wanted" con men. Same guys as before, with the exception of the top two.

This is simply the same old shit with a new wrapping.

But still I believe that they will be able to cheat thousands of new gullible pyramidiots to fill their wallets.

madinsacramento · Post by **madinsacramento** » Mon Jun 04, 2007 2:55 pm

OK, FuelSaving and WSerra - here is the official line on the product (i.e., not from an IBC), direct from today's BP eblast.

Note they are making the SAME claims of the SAME product (not "a new one" that does not contain mothballs) that got them 86ed in Texas, and investigated in FL and KY.

"Recently completed testing of BioPerformanceT Fuel/ Emission
Improver by an independent laboratory that is referenced on the EPA web site using
the Federal Test Procedure (FTP) and Highway Fuel Economy Test (HFET) protocols
of the Environmental Protection Agency (EPA) in a group of vehicles established
a reasonable degree of confidence that the product gives a real improvement in fuel
economy and reduction in harmful emissions. The emissions tested were Hydrocarbons
(HC) which showed an average reduction of 5.387%, Carbon Monoxide (CO) which showed
an average reduction of 7.315%, and Nitrous Oxide (NOx) which showed an average
reduction of 3.513%. News reports show that the EPA has previously tested more
than 100 other fuel additives under its FTP and HFET protocols, with no demonstrable
positive results. The company believes that BioPerformanceT Fuel/ Emission Improver
is the first fuel additive proven effective by an independent laboratory under the
EPA's strict protocols. BioPerformanceT Fuel/ Emission Improver contains naphthalene
as an active ingredient. Short term exposure, inhalation, ingestion, or dermal contact
with naphthalene is associated with hemolytic anemia, damage to the liver, and neurological
damage. Please store in a ventilated area at all times. "

Post by **webhick** » Mon Jun 04, 2007 3:10 pm

by an independent laboratory that is referenced on the EPA web site

Ah, but WHICH laboratory. And will the lab deny doing the test?

PonziKiller · Post by **PonziKiller** » Mon Jun 04, 2007 3:52 pm

madinsacramento wrote: BioPerformanceT Fuel/ Emission Improver contains naphthalene
as an active ingredient. Short term exposure, inhalation, ingestion, or dermal contact
with naphthalene is associated with hemolytic anemia, damage to the liver, and neurological
damage. Please store in a ventilated area at all times. "
[/i]

Well well.

That's at least one improvement. In the beginning, they claim the lurium to be "non toxic"...

But still a scam.

fuelsaving · Post by **fuelsaving** » Mon Jun 04, 2007 7:12 pm

madinsacramento wrote:OK, FuelSaving and WSerra - here is the official line on the product (i.e., not from an IBC), direct from today's BP eblast.
"Recently completed testing of BioPerformanceT Fuel/ Emission
Improver by an independent laboratory that is referenced on the EPA web site using
the Federal Test Procedure (FTP) and Highway Fuel Economy Test (HFET) protocols
of the Environmental Protection Agency (EPA) in a group of vehicles established
a reasonable degree of confidence that the product gives a real improvement in fuel
economy and reduction in harmful emissions. The emissions tested were Hydrocarbons
(HC) which showed an average reduction of 5.387%, Carbon Monoxide (CO) which showed
an average reduction of 7.315%, and Nitrous Oxide (NOx) which showed an average
reduction of 3.513%. News reports show that the EPA has previously tested more
than 100 other fuel additives under its FTP and HFET protocols, with no demonstrable
positive results. "

This is just what the "old" BioPerformance people were saying about three months ago, when the Wallace Labs test "report" first came out. I think the testing is probably legit (though they may have had to test 50 cars to find one that works...), but it's hardly a ringing endorsement of the product:

1) In terms of the toxic pollutants (HC, CO, NOx) they used to claim huge reductions - 50% or more, if I remember correctly. Now we are down to about 5%

2) There's no percentage economy gain quoted. The FTP and HFET are so repeatable that even a product that only improved economy by one percent could give a "reasonable degree of confidence that the product gives a real mprovement in fuel economy". Why don't they quote a figure? Doc FOG claims his lawyers have told him they're not allowed to, unless they have dozens of other tests to back it up, but I just don't believe him. Far more likely to me is that the figure is very small; so small, that the product makes no economic sense

3) "News reports show that the EPA has previously tested more
than 100 other fuel additives under its FTP and HFET protocols, with no demonstrable positive results" - actually, quite a few other products have shown an improvement, but only 1 or 2%

Full analysis, as ever, at http://www.fuelsaving.info/bioperformance.htm

Post by **wserra** » Tue Jun 05, 2007 11:35 pm

fuelsaving wrote:Doc FOG claims his lawyers have told him they're not allowed to, unless they have dozens of other tests to back it up, but I just don't believe him.

Right. That's nonsense.

madinsacramento · Post by **madinsacramento** » Fri Jun 08, 2007 2:46 pm

Fuelsaving, since they are shipping the same old poison garbage, and luckily for you, you don't have to do any more research (you already have it up on your website), answer me this . . .

Can a complaint be made to the EPA regarding interstate sales of this toxic substance? And since its essentially pure (one lab had it at 98%) napthalene, which has a well documented history (and not a good one) in automotive "boosting," can't a complaint be filed with them for false claims?

And Wserra, can the complaints be reopened in KY and FL against BP? New owners, yes, but they haven't changed a thing, including claims and pyramid structure.

Since you're asking . . . yes, I am a little bitter.

fuelsaving · Post by **fuelsaving** » Fri Jun 08, 2007 4:06 pm

madinsacramento wrote:Can a complaint be made to the EPA regarding interstate sales of this toxic substance?

I don't know what the rules are (I'm based in the UK), but I guess it must be legal to sell toxic products so long as they are appropriately labelled and packaged.

madinsacramento wrote:And since its essentially pure (one lab had it at 98%) napthalene, which has a well documented history (and not a good one) in automotive "boosting," can't a complaint be filed with them for false claims?

Trouble is, "new BP" is quite deliberately not making any claims. Only the "independent" distributors will be making claims, I believe - and probably just by word-of-mouth.

Post by **wserra** » Sat Jun 09, 2007 11:08 am

madinsacramento wrote:Can a complaint be made to the EPA regarding interstate sales of this toxic substance?

Generally no. Toxic substances are sold interstate all the time. Naphthalene itself, of course, is (or at least used to be) the primary component of mothballs, which are themselves available everywhere.

The problem is mislabeling - an FTC issue, or one for state AGs.

can't a complaint be filed with them for false claims?

Complaints can be filed over anything. The problem is getting action. These guys are now based in Utah for a reason.

can the complaints be reopened in KY and FL against BP?

Absolutely, if you can convince the respective AGs to do it. The best way to do that is to get together as many residents of the particular state as possible. That's what politicians care about - making headlines for their constituents.

New owners, yes, but they haven't changed a thing, including claims and pyramid structure.

"Meet the new boss, same as the old boss." I'm shocked.

Since you're asking . . . yes, I am a little bitter.

Get like-minded victims together, and COMPLAIN. I'm not saying that anything will happen, but I am saying that nothing will happen otherwise.

PonziKiller · Post by **PonziKiller** » Sat Jun 09, 2007 11:14 pm

wserra wrote: Get like-minded victims together, and COMPLAIN. I'm not saying that anything will happen, but I am saying that nothing will happen otherwise.

I'm not a victim.

But suppose I was. Or if I know better then the false claims. Some of common sense and some knowledge. And most because fake testimonials, and also because Tony's professional view at his site. Could I make a complain based on this facts, and where could I do that to make a maximum effect in most states where the mothballs are sold?

And where do I send the claims Wserra? Do I have to send it to all US states or what? This fraud needs to be stopped some how.

Shakespearegirl · Post by **Shakespearegirl** » Sun Jun 10, 2007 1:33 am

So what I'm getting from this is that Bioperformance got run out of Tx, but is now just doing the same crap all over again out of Utah?

"Utah, Land of the Really Lax Pyramid Laws", courtesy of the DSA?

I'm shocked that they haven't even tried to change their appearance! At least get a new figurehead, or new product name or something! Are there really this many stupid people in this world, to keep a scam like this in business? It's simply too depressing.

fuelsaving · Post by **fuelsaving** » Sun Jun 10, 2007 5:21 am

Shakespearegirl wrote:Are there really this many stupid people in this world, to keep a scam like this in business? It's simply too depressing.

Greed and stupidity* are two of the most powerful driving forces in the world. MLMs rely on both, which why they are, sadly, so "successful" (in the sense of making a lot of money for tose at the top).

* Scott Adams (of Dilbert) says that "horniness" is the third factor, but I don't think that's relevant here.