In the Fraud Discovery Institute's original report about USANA that was made public on March 15, 2007 the following was written regarding the Utah Attorney General's visit to one of USANA's conventions in 2004. Remind you, this was written prior to the leaked video tape of Mark Shurtleff's speech. My Emphasis in bold.
Page 45 of FDI report: "On February 16, 2007, our associate called Paul Murphy, the Press Secretary for Attorney General Mark Shurtleff. Mr. Murphy spoke to Helen (Shurtleff’s personal assistant) and she does not retain his schedule that far back (the Usana 2004 Annual Convention). Paul did confirm that Mr. Shurtleff has never and will never endorse any company or product. He will, however, show up to conventions or groups that have donated money to good causes and give thank you speeches.
In this particular case with Usana, Paul believes Mr. Shurtleff would have gone and delivered a speech on the founding fathers or a point of law - this is his standard speech he delivers at every convention. He most likely would have ended with thanking the company for inviting him and telling them to keep up the good work. But he would have not endorsed them in any way.
Also, Mark would be extremely interested to see any promotional material Usana is using which states that Mr. Shurtleff does indeed endorse them. He would put out a cease and desist immediately. Moreover, on February 16, 2007, Paul Murphy called our associate back and confirmed that Mr. Shurtleff was indeed present at the Usana convention in September 2004. Paul spoke with Mr. Shurtleff personally on this. Mr. Shurtleff only gave a quick 5 to 10 minute opening remarks speech, and he did not endorse Usana in any way. His speech included welcoming people to the convention and a shortened version of his standard speech, which had nothing to do with Usana."
Now watch the video for yourself. It is clear that Mark Shurtleff endorses USANA. I should point out that USANA donated $7500 to Mark Shurtleff in 2004 prior to him speaking at their convention.The following are a few direct quotes from the video that are key to the endorsement:
"I sued the richest man in the world Bill Gates, he's richer than most countries. I was thinking, the only way he could be any more rich is if he became a USANA distributor." - Mark Shurtleff
"We are constantly receiving emails and requests to go after and investigate many companies. What's good to know is that with USANA as it stands today, when we get an email from somebody questioning it all we have to do is write back and say they've been looked at, and they're a great company, and they're doing it right, and doing it legal." - Mark Shurtleff
"Maybe when I'm done being an attorney general I'll go out and do something that will really benefit people's lives and become a USANA distributor." - Mark Shurtleff
You'll notice that the video has been edited and there are missing parts. USANA as well as Len Clements has the full unedited version. Len Clements was the one who got this video from USANA and removed certain parts of the video. Len Clements makes the following statements on his website and the yahoo message board regarding one of the edited out parts of the video:
Page 18 on Len Clements Rebuttal to FDI report - Footnote #67: "I even skipped the part where Mr. Shurtleff endorses, and consumes from the stage, one of Usana’s products."
Posting at Yahoo message board: "Almost the entire presentation was about Usana. I can post the whole 6.5 minutes if you like. But keep in mind, as the footnote in my report noted, this will require I edit back in the part where the AG complains about his bad knee, says he hadn't taken his Usana joint product yet, takes the bottle out of his pocket and consumes it on stage." - Len Clements May 19, 2007
Now there is a reason Paul Murphy said attorney general Mark Shurtleff "has never and will never endorse any company or product". Attorney generals are not allowed to endorse any company or product! This is what Utah's Division of Consumer Protection has on their website:
"If a pyramid promoter or recruiter tells you that the program has been examined and approved by the Division of Consumer Protection or any other state agency, know that the claim is not true! The Division of Consumer Protection does NOT approve any marketing programs. If such representations are made to you, please notify the Division." - Division of Consumer Protection
According to Utah's state code for "Utah Public Officers' and Employees' Ethics Act" under Title 67 - Chapter 16 - Section 4:
Utah Code 67-16-4:
(1) Except as provided in Subsection (3), it is an offense for a public officer, public employee, or legislator, under circumstances not amounting to a violation of Section 63-56-1001 or 76-8-105, to:
(c) use or attempt to use his official position to:
(ii) secure special privileges or exemptions for himself or others;
"Secure special privileges" could include endorsements.
"for others" could imply USANA.
While a State Attorney General may not directly fall under any Federal Regulations, I thought I would point out the following. The Code of Federal Regulations --- Standards of Ethical Conduct for Employees of the Executive Branch - Use of public office for private gain:
Title 5, Volume 3 - Section 2635.702: An employee shall not use his public office for his own private gain, for the endorsement of any product, service or enterprise, or for the private gain of friends, relatives, or persons with whom the employee is affiliated in a nongovernmental capacity, including nonprofit organizations of which the employee is an officer or member, and persons with whom the employee has or seeks employment or business relations. The specific prohibitions set forth in paragraphs (a) through (d) of this section apply this general standard, but are not intended to be exclusive or to limit the application of this section.
(c) Endorsements. An employee shall not use or permit the use of his Government position or title or any authority associated with his public office to endorse any product, service or enterprise except:
(1) In furtherance of statutory authority to promote products, services or enterprises; or
(2) As a result of documentation of compliance with agency requirements or standards or as the result of recognition for achievement given under an agency program of recognition for accomplishment in support of the agency's mission.
It is clear after watching this video that Utah's attorney general Mark Shurtleff has in fact endorsed USANA. It is also clear that Mark Shurtleff and Paul Murphy lied about it. I believe Mark Shurtleff violated Utah's state ethics code 67-16-4 with his USANA endorsement. If the federal code 5-3-2635.702 applied to Mr. Shurtleff, I believe he violated that ethics rule as well.
FDI report on USANA (March 15, 2007)
Len Clements rebuttal to FDI report on USANA (3rd revision)
Len Clements Yahoo Posting - May 19, 2007
Division of Consumer Protection Regarding State Agency Endorsement of Marketing Program
Utah Code - 67-16-4
Code of Federal Regulations - Title 5, Volume 3 - Section 2635.702