Dr. Sean Mueller - Derrick DeSilva .. An investigation into the claims and the people involved with “LiveSmart 360”.

Dr. Sean Mueller - Derrick DeSilva - An investigation into the claims and the people involved with the newly launching “LiveSmart 360” .

Attention:
Potential or Involved Distributors of LiveSmart 360.

"" An investigation into the claims and the people involved with the newly launching “LiveSmart 360” was began in late May shortly after this company conducted a ‘pre-launch” event in Sarasota, Florida on May 15th with about 350 distributors and prospects in attendance.

A sign up for free “lock in your spot” on-line prelaunch campaign allegedly had attracted some 160,000 free sign ups and in the few weeks since this May 15th launch, the company claims to have had several thousand new reps sign up.

HISTORY OF THE FORMER COMPANY AND PEOPLE

Nothing would suggest that there are any integrity issues with company owner Mark McCool, his wife or other close associates in the company.

Cyberwize was created about 10 years ago and it’s focus and products did change over the years to finally end up in the Health and Wellness arena when it was finally closed down to re-emerge as LiveSmart 360.

From all accounts there were never problems with paying commissions or maintaining integrity in the genealogy, at least none could be found in the archives of the Internet.

The only thing that could honestly be said about Cyberwize as a MLM Company was that it never achieved any great momentum or high degree of success over the years and that was no doubt the cause and reason for the company to attempt several times over the years to “remake itself”.

A few years ago McCool sold Cyberwize to one of the distributors and the story is today that person ran it into the ground forcing McCool and his wife to have to ‘take it back over’ and try and save it.

However, it is said it was beyond ‘saving’ at that point so McCool shut it down and did a complete makeover of the website, look and feel, and renamed it Livesmart 360.

The old Cyberwize was using the ‘spray in your mouth’ products and the change was upon re-launching with the new name was there products had been ‘supercharged’ with something called “Zorbmax”.

The sizzle and huge talking point with this ‘new’ company is they have an “exclusive agreement worth millions” with a “research scientist” by the name of Dr. Shawn D. Mueller who had invented and had a patent pending formula for a ‘game changer’ product.

“No one in the world has anything like it” he declared as he spoke on stage during the May 15th launch meeting. He claims he is just one of a series of research scientists that developed this proprietary formula over the past 30 years.

THE BIG LIE:
THERE IS NO PATENT PENDING STATUS FOR THIS PRODUCT

What is true, Dr. Shawn Mueller and another individual did file a patent application with the USPTO in 2005. What is also true is that this patent was repeatedly denied over the next few years and finally officially abandoned in 2008.

A phone call to the Chicago Patent Attorneys hired by Mueller to file and obtain the patent confirmed that this is a ‘closed file’ and the patent application would have to be refilled if a patent were to be sought.

When Dr. Shawn Mueller stood on stage on May 15th and proclaimed his “technology” was patent pending, he was fully aware the patent had been abandoned two years before and nothing was pending.

He has deceitfully led Mark McCool and the folks running this new MLM to repeat this untruth in their literature and presentations perhaps, but perhaps they do know the truth and chose to ignore it.

If that is the case, then of course this creates another problem and yet another layer of willing fraud making them guilty of Deceptive Trade Practices as defined by Florida Code.

These are the source documents. The full text of the patent with supporting documents such as they were may be viewed at:

http://www.freepatentsonline.com/20060251732.pdf

and it and the denial information can also be viewed at: http://www.uspto.gov/ .

Filed patents that were never granted are found under the “PAIR” search for filed and published patents.

The number that must be used to locate this document is “20060251732”.

PATENT DENIAL INFORMATION

Bibliographic Data

Application Number:
11/121,443
Customer Number:
-
Filing or 371 (c) Date:
05-04-2005

Status:
Abandoned -- Failure to Respond to an Office Action

Application Type:
Utility
Status Date:
02-14-2008

Examiner Name:
PAK, JOHN D
Location:
ELECTRONIC

Group Art Unit:
1616
Location Date:
-

Confirmation Number:
4241
Earliest Publication No:
US 2006-0251732 A1

Attorney Docket Number:
-
Earliest Publication Date:
11-09-2006

Class / Subclass:
424/600
Patent Number:
-

First Named Inventor:
Shawn D. Mueller , Fort Myers , FL (US)
Issue Date of Patent:
-
--------------------------------------------------------------------------------

Title of Invention:
Crystalloid electrolyte water formulation

This patent was filed in Feb 2005 and abandoned in Feb 2008.

A business was started and built around the patent and alleged technology in 2006 wherein Dr. Mueller’ Crystalloid electrolyte water formulation was added to bottled water and there was an active bottling plant located in Fort Meyers Florida for nearly two years.

The company was called “Electrolife O2” but was closed in 2008 and the bottling plant was closed and sold to a Chicago bottling company who is still operating it at that location.

This first company with all the details advertised about the technology can be seen on a very detailed website still available for viewing on the Internet. The website will do a slideshow presentation:

http://www.electrolife02.com/index.html

The next problem is that Dr. Mueller’s Global Life Sciences Laboratories and several other businesses he seems to be involved with are all sharing the same Corporate Address in Ft. Meyers , FL.

In 2009 Dr. Mueller appears to have diversified into the building products business with another start up company in April 2009: http://www.pr.com/press-release/146691

All of these corporations claim to have their headquarters at : 7600 Alico Rd. 12-14 Fort Meyers , Florida 33912

This address is a couple of miles from the Ft. Meyers Intl Airport and the only thing located at this address is “Alico Road Self-Storage”.

The manager of the business confirmed he knows Dr. Shawn Mueller. I

n addition to renting storage units they rent Private Mail Boxes located behind their Office where there is outside access from inside the self-storage facility.

It was unknown if he still had any rented storage units. Maybe the “Lab” is in one of the outdoor storage units? Friends, there are more red flags waving here than you will see in a May Day Parade in Beijing .

PRODUCT IS BOGUS AND WORTHLESS:

A bottle of the Zorbmax was sent along with the patents to a small medical research and development company in the greater Cincinnati Ohio area.

This company is headed by a BioMedical Engineer and the founder of the company is a 40 year practicing MD and Surgeon who has now over 45 ISSUED patents to his credit.

Several of his patents are for products that also have FDA and CE approval. Since 2001 this company Retroactive Bioscience has wholesaled their patented and FDA approved products to several worldwide companies.

It is estimated the retail value of sales has reached about $940 million in the first 8 years.

Bottom line: A Highly documented successful company with ‘real’ degreed people who do the ‘real’ medical R&D were unable to duplicate the demonstration used with the blood samples.

In all videos and even with the patent submission documents the ‘before and after use’ blood sample experiment results, both the testing and documentation comes for a single ‘lab technician’ operating in some private lab.

No certified third party documentation of any kind, no double blind studies, no publications regarding IP, no patents, so therefore no validity.

Folks are just paying $40 for some mineralized distilled water that does nothing.

FDA TO BECOME INVOLVED.

Dietary Supplements are now regulated by the FDA and by FDA guidelines all Dietary Supplements must be taken by mouth and ingested. They may not be applied topically (skin patches) or absorbed into the body via sublingual.

Certain Drugs are administered ‘sublingual’, nitroglycerine for instance, because sublingual goes directly into the bloodstream whereas everything ingested into the GI tract get filtered by the blood flowing thru the liver before entering the body’s general blood supply.

Filtering impurities or toxic substances out of foods is what the liver is supposed to do hence the FDA’s directions for ingestion.

There have been dozens of warning letters or more dramatic enforcement actions taken against makers or sellers of dietary supplement using sublingual ingestion versus instructions for ingestion by swallowing. www.fda.gov search ‘Foods’, ‘sublingual warning letters’. Director of New Orleans Div. FDA ( Memphis , TN ) advised they will be reviewing shortly.

Dr. Shawn Mueller boasts an Associates Degree in Sociology and Degrees in Naturopathy and other unrecognized disciplines and lacks a Bachelor of Science Degree from any accredited College of University .

Google the only “expert’ endorsing this product, Dr. Derrick DeSilva Jr, and you will find his entire “medical practice’ seems to be doing paid endorsements for dietary supplement products.

Dozens and Dozens of endorsements and in fact he puts Billy Mays and Anthony Sullivan of the ‘Infomercial” business to shame as a ‘most frequent pitchman.’

At this stage of the game, less than 60 days from launch, if the FDA shuts them down or there is other adverse publicity because of a bogus product, this company will not break momentum either if it survives.

In the meantime the several thousand alleged new or former Cyberwize Distributors do not have a long term successful future with this company.

Recommendation: Stay Away from LiveSmart 360” .

Source:
Sent in By a Reader

LiveSmart 360, Lock Your Spot,
Mark McCool, Zorbmax, Dr. Derrick DeSilva,
Cyberwize Distributors