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Newsletter No 34, Dec. 2019
NO.34
LifeVantage Taiwan Pte. Ltd. Changing Life, Shaping the World and Creating the Future

LifeVantage Taiwan Pte. Ltd. Changing Life, Shaping the World and Creating the Future

LifeVantage is a company that produces and develops nutritional, health care and personal care products with the belief that only scientifically proven products are the best. Groundbreaking science and a new way to start a business bring us a healthier body, a better life and a better world.


Address: Room C, 11F, No. 337, Nanking East Road, Section 3, Sungshan District, Taipei City
Tel: 02-5579-8000

Sundear, Totalife's Personal Care Brand, Ignites the Climax at the End of 2019

Sundear, Totalife's Personal Care Brand, Ignites the Climax at the End of 2019

In addition to its dedication to the development and operation of nutritional and health care products for 30 years, Totalife International has also earned a good reputation in personal care products and invites partners to participate in its celebrations every year. The Totally Homecoming campaign conducted in northern, central and southern Taiwan in December attracted large crowds. During the event, Director Chien-Yu Chen urged that using the Sundear personal care products is essential in ushering in a lucky 2020 and realizing the dreams of beautiful women.

4Life Seeks Wealth-creation Life via Its "333 Wealth Creation Program"

4Life Seeks Wealth-creation Life via Its "333 Wealth Creation Program"

Since President Hung-Yu Huang of 4Life took office, he has continuously kept abreast with global marketing, engaged in local integration and planning, and secured the 333 Wealth Creation Program with the headquarters, bringing extraordinary recommendation rewards to over hundreds of distributors in Taiwan, accelerating the rapid expansion of the organization, and doubling the number of distributors and their incomes. To usher in 2020, 4Life will also continue to secure its footing by introducing more generous reward arrangements and providing more handsome commissions to help more distributors realize their dreams.

New Retail, New Business Opportunities Successful Conclusion of the 2019 DSA Annual Meeting

New Retail, New Business Opportunities Successful Conclusion of the 2019 DSA Annual Meeting

The Taiwan, R.O.C. Direct Selling Association conducted its 2019 annual meeting at the Sheraton Hotel in Taipei on December 18, attracting more than 160 members' representatives. For the third year in a row, the meeting has partnered with Global View Magazine to hold a digital forum, to which Chih-Fan Chao, founder of The Founder of EILIS; Chih-Chien Chi, CEO of Isobar Taiwan; and Sheng-Wei Chen, CEO of the Taiwan AI Academy were invited. At the meeting, the winners in the DSA's Competition for the Design of Code of Ethics Logos. En-Sheng Chang, Director of the Fair Competition Department of the Fair Trade Commission also praised the DSA for achieving the Gold WFDSA Global Code of Ethics, a glory that brings Taiwan to the world stage.

List of DSA's 16th Term Directors and Supervisors

List of DSA's 16th Term Directors and Supervisors

Tenure: December 2019 ~ December 2021

Seminar on Practical Issues Concerning the Latest Labor Laws and Regulations and Case Studies

Seminar on Practical Issues Concerning the Latest Labor Laws and Regulations and Case Studies

The Legal Affairs Committee of the DSA conducted the Seminar on Practical Issues Concerning the Latest Labor Laws and Regulations and Case Studies on December 11, 2019. In the seminar, Chairman Yi-pang Tong, Chairman of the Labor Law Promotion Association was invited to offer teachings and instructions to the members so that DSA's members gained in-depth knowledge and understanding of practical issues concerning the latest labor laws and regulations.

2019 Friendship Meeting for People in Charge of Legal Affairs and Code of Ethics

2019 Friendship Meeting for People in Charge of Legal Affairs and Code of Ethics

The DSA's 2019 Friendship Meeting for People in Charge of Legal Affairs and Code of Ethics was conducted at the Grand Hyatt in Taipei. At the meeting, President Shih-Wei Li of the Commercial Times gave a keynote speech titled "Ubiquitous Disinformation and Coping Strategies for Brands." Meanwhile, a panel discussion on the theme of "media operation and brand management" was conducted with Chih-Yang Tai, Vice Editor-in-Chief of the China Times, and Charles Hung, a member of the Legal Affairs Committee and Senior Legal Affairs Manager of Herbalife. All member companies obtained precious knowledge about branding and the management of media relations.

Draft List of GMP Requirements Applicable to Operating Sites that Attach Chinese Labels to Imported Cosmetic Products

Draft List of GMP Requirements Applicable to Operating Sites that Attach Chinese Labels to Imported Cosmetic Products

To accommodate the uniqueness in operations relating to the attachment of Chinese labels to imported cosmetic products, the Taiwan Food and Drug Administration released the draft List of GMP Requirements Applicable to Operating Sites that Attach Chinese Labels to Imported Cosmetic Products on November 26, 2019, and solicited public opinions. This draft is based on Article 8, Paragraph 2 of the Cosmetic Hygiene and Safety Act and Article 4 of its enforcement rules. In addition, the uniqueness in the operations relating to the attachment of Chinese labels to imported cosmetic products were considered. Therefore, the draft was formulated with respect to the relevant GMP requirements applicable to packaging sites for the reference of operators to verify the GMP compliance of their operating sites. Those who have any comment or revision recommendation concerning the details of the draft may contact the Taiwan Food and Drug Administration by January 20, 2020.

When a distributor requests to withdraw, can a direct selling company request the purchase invoices be attached before the sales return can be processed?

When a distributor requests to withdraw, can a direct selling company request the purchase invoices be attached before the sales return can be processed?

To provide a distributor with an opportunity to review and determine whether to participate after a contract has been executed, Articles 20 and 21 of the Multi-Level Marketing Supervision Act specifically provide that within a 30-day hesitation period, a distributor has the right to rescind or terminate the participation contract, in writing, with the direct selling enterprise without any reason. If the hesitation period is over, the contract may still be terminated at any time, and the statutory right to return goods may be exercised.

In addition, to prevent a direct selling company from attaching certain unreasonable terms and conditions when a distributor is withdrawing the participation and returning the goods and evading the statutory obligation of the direct selling company to process the sales return, Article 23, Paragraph 1 of the Multi-Level Marketing Supervision Act provides that "a direct selling company shall be prohibited from using improper means to impede the sales return by, distributors pursuant to the Multi-Level Marketing Supervision Act" to fully protect a distributor's right to return goods and prevent degenerated multi-level marketing. Therefore, if a distributor seeks to rescind or terminate a contract with the direct selling company, sales return may be processed pursuant to the Multi-Level Marketing Supervision Act, and the direct selling company basically has no right to refuse.

In addition, according to the Kong Chu Tzu No. 94020 Decision of the Fair Trade Commission and the 94 Su Tzu No. 3009 Decision of the Taipei High Administrative Court, it was further stated that when a direct seller refuses to process the sales return of a distributor for reasons such as "the distributor's failure to attach an invoice," "a request for coordination by the sponsor" or "a request that a commitment letter or statement be executed by the distributor," this basically constitutes the impediment to the sales return of the distributor by improper means.

However, whether a sales return is impeded by "improper" means, a substantive determination should still be made based on the reasons for refusing the sales return. For example, if the direct selling company requests that an invoice be attached at the time of sales return by a distributor because the purchase data about the distributor have been checked, but such goods to be returned are not found, there is no "improper" impediment to the sales return. If the direct seller is unwilling to check when there are computer data available for inquiry and indiscriminately requests that an invoice be attached to any sales return application from a distributor, the direct selling company is still likely to be concluded to be impeding a sales return by "improper" means.

[Excerpted from the Practical Direct Selling Legal Issues]

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