You are on page 1of 2
Cc | [ STRONG & HANNI forclan’’ matemot theta ASS D Law FIRM eon | sey aan eee wares Sennen aero eee APROFESSIONALCORPORATION [aamme, wows jucicowna Se acne Ae nae | cee a eee T :(601) 332-7080 mcr, Biers SARTRE coment F :(@01)596-1508 Sp cen ely ee sce CSitaw, CATHERMEM. LARSON NNER. CARRZAL August 10, 2010 Via Electronic Mail Mr. Ted W. Nuyten Re: Defamation, Disparagement and Intentional Interference with Economic Relations of MonaVie Dear Mr. Nuyten, Our firm represents and is general counsel for MonaVie LLC (“MonaVie”). It has been brought to MonaVie’s attention that you, through the website, 2010/08/monavie-revenue-2010-under-heavy-pressure/, have made, or have caused to be made, defamatory and disparaging publications about MonaVie and its business to MonaVie’s existing and potential distributors and customers. Not only are these statements in violation and contravention of established defamation and business disparagement laws, they clearly constitute tentional interference with MonaVie’s existing and potential economic relationships. As such, while MonaVie respects individuals’ rights to express their opinions, it will not tolerate this type of blatant and deceiving attack on it or its business. Specifically, MonaVie has leamed that you have conceived, created, endorsed, and/or caused to be published to existing and potential distributors and customers of MonaVie content on the webpage, 2010/08/monavie-revenue-201 0-under-heavy- pressure/, which contains statements and figures improperly and incorrectly suggesting that MonaVie is no longer a viable business, that “Mona[V]ie’s revenue is under heavy pressure,” and that the “decline in [MonaVie’s] revenue is shocking.” It is apparent that the statements and figures posted on the webpage listed above were made, caused to be made, and/or endorsed by you with knowledge that they were false and with knowledge that they would affect ongoing ‘business relationships and prospective business relationships between MonaVie and. its Gistributors and customers. Moreover, and with knowledge of these falsities, you have caused the statements and figures to be published to existing and potential distributors and customers of MonaVie through your posting of the same on the internet, via the webpage listed above, with SALT LAKE OFFICE — 3 Teiao Center, SUITE 500, SALT Lake Crry, UTAH 84180 SANDY OFFICE — 9350 SouTH 150 Easr, SUITE 820, SaNby, Ura 84070 August 10, 2010 Page 2 the intent that they interfere with the business relationships of MonaVie, As a result of your willful and improper publication, MonaVie has been injured in its profession, trade, and business and the statements and figures have acted to tarnish MonaVie’s credit, integrity, and product and interfere with its current and prospective business relationships. Your actions, as detailed herein, are in clear violation of the law. In light of these recent events, and irrespective of whether or not MonaVie decides to pursue further legal action against you for damages resulting from the disparaging, defamatory, and interfering statements and figures posted on the webpage, http://www. 2010/08/monavie-revenue-2010-under-heavy-pressure/, MonaVie demands that you immediately take the following measures. First, you must cease making or posting any additional disparaging, defamatory, or interfering statements or figures about MonaVie or its business. Second, within forty-eight (48) hours of your receipt of this letter, you must make a public statement, posted on the website discussed above, making clear to viewers of the website, to MonaVie's existing and potential distributors and customers, and to the general public, that you have both (a) published improper and incorrect statements and figures regarding the financial condition and viability of MonaVie’s business as a going concer and (b) that such statements and figures were and are false and unsupported by fact. Third, and lastly, you must provide MonaVie with written evidence of this public statement immediately upon your posting of the same on the website discussed above. Please govern yourself accordingly. Very truly yours, STRONG & HANNI, P.C. »P Fo aden P. Jackson GPI:RRG