LifeWave Lawsuit: No Class Action — Here's What the FTC Case Actually Settled
Search for "LifeWave lawsuit" and you'll find a real federal case — but it isn't a class action, and it isn't against LifeWave, Inc. On April 27, 2026, the Federal Trade Commission sued (and, on the same day, settled with) two of the company's highest-ranked distributors, Steven and Gina Merritt, over deceptive income claims. The order bars them from future earnings misrepresentations. It does not include a monetary penalty, a claims fund, or any payout to consumers. LifeWave itself was not named as a defendant. Separately, LifeWave has faced two industry self-regulatory inquiries (2025 and 2026) over similar claims — both closed without fines after the company removed the posts at issue.
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Reviewed by Leonard Goldberg, Editor · Last updated
What's Actually Being Alleged — and Against Whom
The FTC's complaint targets Steven and Gina Merritt, independent "Brand Partners" who reached LifeWave's top rank while promoting the company's phototherapy patches (branded X39 and similar). The FTC alleges the Merritts told prospective recruits they could earn "$25,000 a week" or achieve "unlimited income," including a May 2025 YouTube video in which Gina Merritt said she'd help recruits "get to the top rank and make $25,000 or more a week." Steven Merritt is separately quoted telling recruits, "The money keeps coming, even if you don't show up... it's like a spigot full of $100 bills." The FTC contrasts those claims with LifeWave's own 2024 Income Disclosure Statement: 79% of active Brand Partners earned zero commission, average annual earnings were just $651 before expenses, and fewer than 0.035% of participants ever earned $25,000/week or $1 million/year. LifeWave, Inc. is not a defendant in this case — the FTC's action is against the two individual distributors only.
Case Details
FTC v. Steven Merritt and Gina Merritt, Case No. 9:26-cv-80485-DMM, U.S. District Court for the Southern District of Florida. Filed by the FTC's Bureau of Consumer Protection. There is no settlement administrator, claims website, or hotline — because this is not a class action and there is no consumer settlement fund. The complaint and stipulated order were filed and entered on the same day, April 27, 2026, meaning the Merritts agreed to the terms before the case was ever contested.
Current Status: Closed — No Money Changes Hands
Is There a Class You Can Join?
No. There is no LifeWave class action and no group of people eligible to file a claim. The only enforcement action is the FTC's case against Steven and Gina Merritt personally, and it produced no monetary judgment — so there is nothing to distribute even to people who were directly recruited by them. If you lost money as a LifeWave Brand Partner and believe you were misled by specific earnings claims, the FTC order doesn't compensate you directly, but you can file an individual complaint at ReportFraud.ftc.gov or with your state Attorney General — those reports can support future FTC enforcement, even if they don't produce an immediate payout for you.
How Much Can You Recover?
Timeline: From Warning Letters to a Closed FTC Case
- 1
November 22, 2016 — First outside warning over health claims
Consumer watchdog Truth in Advertising (TINA.org) sends LifeWave a letter flagging "inappropriate health claims" used to market its patches.
- 2
October 26, 2021 — FTC Penalty Offense Notice
The FTC formally notifies LifeWave — as part of a mass mailing to roughly 1,100 companies with MLM-style compensation plans — that misrepresenting typical earnings and failing to disclose participant costs are unfair or deceptive practices. This is a warning letter, not a lawsuit.
- 3
March 3, 2025 — DSSRC closes Case #199-2025
The Direct Selling Self-Regulatory Council closes its inquiry into 7 earnings claims and 2 product-performance claims made by LifeWave promoters after the company has the posts removed and suspends one repeat-offending distributor for three months.
- 4
April 1, 2026 — DSSRC closes Case #254-2026
A second DSSRC inquiry — covering 8 more earnings claims and 2 product claims, including a testimonial crediting LifeWave patches for improvements in a relative's Alzheimer's disease — is closed after LifeWave again facilitates removal of the posts.
- 5
April 27, 2026 — FTC sues and settles with the Merritts, same day
The FTC files its complaint against Steven and Gina Merritt and simultaneously enters a stipulated permanent injunction — no monetary penalty, no admission of liability, LifeWave Inc. not named.
- 6
August 2026 — No further action; no class action exists
As of this writing, no class action, product-liability suit, or new FTC case against LifeWave, Inc. has been filed. The Merritt case remains the only litigation tied to the company's marketing practices.
Scam Alert: "LifeWave Lawsuit" Searches Attract Fake Claim Sites
Because thousands of people search for a "LifeWave lawsuit" hoping to find money owed to them, this is exactly the kind of search term scammers target. Three patterns to watch for:
"File your claim" forms for a settlement that doesn't exist
Any site that lets you "submit a claim" or asks for your name, address, or bank details to "process your LifeWave settlement payment" is not legitimate — there is no settlement fund to claim from. Real class action claims never require payment or your bank login to "release" funds.
Uplines downplaying the FTC order to keep recruiting
Some LifeWave distributors may frame the FTC action as "just two bad apples" while continuing to make similar income promises. LifeWave's own disclosure data (79% of Brand Partners earn zero commission) is the more reliable number to check any earnings claim against — not what a recruiter tells you in a Zoom call.
Headlines implying LifeWave itself is being sued or shut down
Some blog and social posts blur the distinction between the FTC's case against two individuals and a case against the company. LifeWave, Inc. was not named as a defendant in the Merritt case, and no separate FTC lawsuit against the company has been filed as of August 2026.
LifeWave Lawsuit FAQ
Is LifeWave being sued?
LifeWave, Inc. itself is not currently a defendant in any lawsuit. The FTC's April 2026 case was filed against two individual top-ranked distributors, Steven and Gina Merritt, over their own earnings claims — not against the company.
Can I file a claim for a LifeWave settlement?
No. There is no settlement fund, claims process, or payout tied to the Merritt case or any other LifeWave-related action. The stipulated order contains no monetary judgment.
What actually happened to Steven and Gina Merritt?
The FTC alleged they made deceptive earnings claims (like promising "$25,000 a week") to recruit LifeWave Brand Partners. They agreed, the same day the complaint was filed (April 27, 2026), to a permanent injunction barring future unsubstantiated income claims, notification of their downline within 7 days, and 10 years of compliance reporting to the FTC — with no fine and no admission of wrongdoing.
Is LifeWave a pyramid scheme?
No court or regulator has made that legal finding. What's documented: LifeWave's own 2024 Income Disclosure Statement shows 79% of active Brand Partners earned zero commission and average earnings (including zeros) were $651/year before expenses. The DSSRC has twice found LifeWave-affiliated marketing used unsubstantiated "atypical earnings" language. Those are facts about the compensation and marketing record — not a legal determination that the business model itself is illegal.
Has the FTC investigated LifeWave the company directly?
In October 2021, the FTC sent LifeWave a Notice of Penalty Offenses — a warning letter sent to roughly 1,100 companies with MLM-style plans, reminding them that misrepresenting typical earnings is illegal. That is not a lawsuit and did not allege LifeWave itself had broken the law; it puts the company on notice that future violations could support steeper penalties. No FTC lawsuit against LifeWave, Inc. has followed as of August 2026.
Are LifeWave's health claims about its patches legitimate?
LifeWave markets its patches (including the X39 line) as supporting benefits like reduced inflammation, faster wound healing, and improved sleep and energy. In its 2025 DSSRC case, the company did not provide independent testing data to substantiate several of these claims when asked, including one post crediting the patches with improvements in a relative's Alzheimer's symptoms — a claim DSSRC found unsubstantiated. No independent, peer-reviewed clinical trials establishing these effects have been identified in the public record reviewed for this page.
Where can I report a LifeWave-related complaint?
If you believe you were misled by specific income or health claims, you can file a report with the FTC at ReportFraud.ftc.gov, contact your state Attorney General's consumer protection office, or submit a complaint to the Direct Selling Self-Regulatory Council (administered by BBB National Programs), which has twice reviewed LifeWave marketing claims.
Separate from this case: were you injured in the last 2 years?
Class-action payouts are fixed amounts through an administrator. A personal injury claim is a different case — and often worth far more. Free estimate, no obligation.