An extortion lawsuit filed by BlackOxygen Organics sheds light on the company’s unexpected demise earlier this week.
David Bykowski (right) is a Texas native who recently joined BlackOxygen Organics.
Marc Saint-Onge and Carlo Garibaldi, co-founders of BlackOxygen Organics, describe Bykowski’s stay at the firm as “disruptive and a continual source of irritation.”
On March 13, 2021, BlackOxygen Organics terminated Bykowski’s Brand Partner Agreement after repeated requests for him to stop his disruptive and abusive behavior.
In response to his dismissal, Bykowski begged to be reinstated at the corporation.
I recognize that I should have kept back and stayed out of the way, and I sincerely apologize for my errors.
I pledge to improve my approach in the future, to be more sensitive, and to support the needs and demands of my workers as well as the company’s directives…
I will go to whatever length to remain involved in [BlackOxygen Organics], and I will follow your every want and directive, as well as support the company direction and potential…
I give my all dedication and heart to this firm and this industry.
I adore this firm and its goods, as well as you, and I apologize for disappointing you…
Despite Bykowski’s several communications, BlackOxygen Organics refused to reinstate him.
According to the Texas complaint filed by BlackOxygen Organics, this motivated Bykowski to initiate a YouTube campaign against the firm.
Bykowski began publishing films on the social media site YouTube in April 2021 that contain false and defamatory claims regarding BlackOxygen Organics and Messrs. Saint-Onge and Garibaldi.
Bykowski falsely claims in a video dated April 7, 2021 that Messrs. Saint-Onge and Garibaldi are “greedy” and that Mr. Saint-Onge is a “flunky” with no direct sales/MLM expertise.
Bykowski goes on to claim that Mr. Garibaldi, who is married, has committed extramarital adultery by “chasing Colombian women.”
Bykowski repeats many of the claims stated in the April 7, 2021, video in a video broadcast on YouTube on June 28, 2021.
He describes Messrs. St. Onge and Garibaldi as “greedy” and “untrustworthy.”
Although he reiterates that BlackOxygen Organics offers excellent goods, he claims that they are not thoroughly tested and/or examined before being sold to the general public.
Bykowski has posted further videos on YouTube in which he makes similar claims and suggests that BlackOxygen Organics be “taken out of business.”
Bykowski also managed a secret FaceBook community called “BOO – Seekers of the Truth” in addition to YouTube.
Bykowski has utilized this group forum to make false, deceptive, and derogatory claims regarding BlackOxygen Organics and Mr. Saint-Onge, including but not limited to:
I BlackOxygen Organics does not test its products on a regular basis, despite claims that they contain dangerous quantities of lead and heavy metals.
(ii) In Canada, BlackOxygen Organics goods have been sold “illegally.”
(iii) Mr. Saint-Onge is “just a snakeoil salesman;”
(iv) Human or animal excrement are present in BlackOxygen Organics goods. “Customers and brand partners are practically eating excrement;”
(v) Streptococcus aureus, the bacterium that causes strep throat, may be present in BlackOxygen Organics products.
(vi) Products from BlackOxygen Organics contain just 5% fulvic acid and are “equivalent” to lawn fertilizer.
(vii) BlackOxygen goods are “nothing but SNAKEOIL, and its CEO Marc Saint-Onge is nothing more than a Snakeoil salesperson,” with the company’s products allegedly coming from a landfill;
(viii) The products of BlackOxygen Organics are derived from a harmful source.
(ix) contrasting BlackOxygen Organics goods with food derived from human remains; and
(x) Insinuating that BlackOxygen Organics goods “may be contaminated.”
Bykowski reportedly included a marketing effort for “a competitor fulvic acid manufacturer” into his allegedly defamatory claims.
That, however, was not the issue raised by BlackOxygen Organics. It was an alleged extortionate demand for $200,000 instead.
According to BlackOxygen Organics’ complaint, Bykowski reportedly wrote an email on July 31, 2021.
So here’s my offer: $200,000 $100,000 was paid before the end of August, with the remaining $20,000 spread out over five months: September, October, November, December, and January.
If you accept [sic] this settlement, I will sign any agreements that require me to remove all of my YouTube videos and desist from making any more posts regarding BlackOxygen Organics, as well as any other wording you desire.
I haven’t even begun to wreak the damage I will continue to wreak if you reject my offer.
Bykowski was rejected payment by Saint-Onge and Garibaldi.
BlackOxygen Organics claims that as a result of their failure to pay,
Bykowski has followed through on his threat to “wreak havoc” on BlackOxygen Organics and its owners.
BlackOxygen Organics then blames Bykowski for the company’s regulatory issues.
Bykowski invited members of his Facebook group and others to register complaints against BlackOxygen Organics products with Health Canada, the Canadian agency that oversees consumable goods, and the U.S. Food and Drug Administration in August 2021. The Food and Drug Administration (FDA).
Plaintiffs allege that nearly majority of the complaints were filed by people who had never purchased or eaten BlackOxygen Organics products and were instead relying on the false and misleading information supplied by Bykowski in his online videos and Facebook posts.
According to the firm, Bykowski’s advertising was responsible for BlackOxygen Organics’ demise.
In August 2021, Health Canada launched an inquiry into BlackOxygen Organics goods, resulting in a recall.
BlackOxygen Organics goods are available in Canada.
As a result of this action, 11578243 Canada, Inc. d/b/a BlackOxygen Organics has lost roughly $20,000 (CA) a day in income from Canada sales since August 17, resulting in significant lost profits.
Bykowski’s “wreak havoc” advertising has also had a substantial influence on BlackOxygen Organics’ sales in the United States. After Bykowski began making false and derogatory claims about BlackOxygen Organics, the FDA halted the sale of the firms’ products in the United States.
Since August 18, 2021, BlackOxygen Organics has been unable to sell products in the United States, leading in a devastating loss of income and earnings.
Prior to Bykowski’s extortion operation, BlackOxygen Organics’ revenues in the United States were increasing at a pace of more than 100% each month.
This increase dropped to 25% in July 2021, 9% in August 2021, and the business expects a major drop in sales in September 2021.
Personally, I believe BlackOxygen overestimates Bykowski.
Certainly, customer complaints may prompt an inquiry, but authorities are unlikely to shut down a company’s nationwide distribution without conducting their own investigation.
Given that Health Canada and the FDA chose to confiscate BlackOxygen Organics’ goods, it is reasonable to speculate on the conclusion of those investigations.
This is certainly pure supposition on my side, but I find it difficult to believe that neither Health Canada nor the FDA were in touch following the seizures.
Perhaps not right immediately, but after months? I’m not persuaded.
The complaint by BlackOxygen Organics goes on to accuse Bykowski of
interfering with existing contractual agreements in a tortious manner;
interfering with possible commercial relationships; and
Slander and defamation in general
BlackOxygen Organics requested a permanent restraining order, monetary damages, exemplary damages, and legal fees.
On September 16th, BlackOxygen Organics filed their complaint. In early November, Bykowski was sentenced.
On November 24th, the parties filed a Joint Motion for a Permanent Injunction outlining their agreement.
Plaintiffs and Defendant reached a settlement on or about November 10, 2021.
Plaintiffs and defendants have signed official settlement agreements, which include an Agreed Permanent Injunction and a Final Judgment.
Bykowski agreed to remove all online BlackOxygen Organics content he’d generated under the conditions of the settlement.
This included bad material about Marc Saint-Onge, Carlo Garibaldi, and BlackOxygen distributors who asked for it to be removed.
Bykoswki was also forbidden from communicating with BlackOxygen Organics or its officials in the future.
On November 12th, the file was signed.
BlackOxygen Organics declared their closure on or around November 23rd, one day before it was filed.
The corporation has yet to give an explanation for the unexpected statement.
The complaint filed against Bykowski shows that BlackOxygen Organics’ regulatory issues are/were significantly more serious than the firm admitted.
This, in turn, hampered product delivery across its two key markets, eventually leading to financial catastrophe.
If Health Canada and/or the FDA intend to take action against BlackOxygen Organics, no public announcement has been issued.
A search of David Bykowski’s social media shows that he has been pushing numerous MLM supplements for over a decade.
Bykowski is presently marketing the Vidafy Global supplement “Nanofy Curcuma.”
Bykowski appears to be pushing Vidafy Global as a therapy for autoimmune illness and/or inflammation in the above Facebook post.
Bykowski refers to Vidafy as “the opportunity of a lifetime” in one YouTube video. His Vidafy promotion is aimed exclusively at nurses.
Vidafy Global is currently being reviewed by BehindMLM.
The FDA has issued a public health warning, saying that BlackOxygen Organics’ products contain increased amounts of lead and arsenic.
Update: On January 2, 2022, BehindMLM published their Vidafy review.
Update 14th January 2022: A reader informed me that David Bykowski has died.
I received confirmation from a family member on social media:
Bykowski’s cause of death has not been made public at the time of this update.