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The case brings up a web of controversy about real and staged online product endorsements and ultimately who is responsible for endorsements gone awry? Mona Vie claims they are as much a victim in this as Winfrey and Oz. "MonaVie shares Ms. Winfrey's concern. As a first player in the acai nutritional beverage category, we, too, have experienced distress at seeing our own trademarks and licenses used by others in an attempt to deceive the consumer," the company said in a statement.

"The popularity of acia berry is at an all time, although acai berry was featured on the Oprah Winfrey Show Feb. 5, 2008, Monavie has been careful never to have presented that appearance as an as an endorsement of Monavie or its products, said Brain Gill, Senior Manager Corporate Communications for Utah based Monavie.

Regardless of whether published endorsements are celebrity driven or are from your neighbor who is selling the hottest new product, the FTC is cracking down on how endorsements can be used. In July, the FTC announced significant changes in how it will judge product endorsement noting that "dramatic changes have occurred during the last three decades in how products are marketed – most notably, program-length infomercials, Internet advertising, word-of-mouth or viral marketing, and consumer blogs have all become commonplace."

Essentially the FTC is trying to curb guerilla marketing gone amok, especially for online companies and multilevel companies touting too good to be true benefits. A common issue of concern about multi-level-marketing companies is that the parent company cannot effectively monitor or control messaging from the thousands of independent sales reps who may not be adequately trained in FTC guidelines and/or the marketing rules defined by DSHEA for dietary supplements.

A MonaVie spokesperson told Functional Ingredients that they have strict compliance guidelines and training to prevent the type of viral claims seen in the Oprah, Oz case. "The MonaVie compliance department seeks to assure that each and every independent distributor follows proper guidelines in advertising their business. Should we find that an independent distributor has violated our policies, we educate that distributor so that they correct their advertising accordingly. We monitor distributors' internet sites on a daily basis and seek to correct any errors as quickly as possible. Earlier this year, in an effort to alert consumers to false internet advertising, we issued a statement entitled The MonaVie Promise. (View the Mona Vie Promise www.complaintsboard.com/complaints/thermo-thin-plus-with-açai-dietary-supplement-c219238.html). Read more on Oprah.com to see the thread of complaints about the problem: www.oprah.com/community/thread/92227