The Philip DeFranco Show - PDS 04.24 Logan Paul Threatens Lawsuit Over Prime Cancer & PFAS Scandal, TikTok Ban Passed, What Now? & More

Episode Date: April 24, 2024

Go to http://zbiotics.com/DEFRANCO and use code DEFRANCO at checkout to get up to 15% off your first order. Use code “PHIL” for $20 OFF your first SeatGeek order & returning buyers use code “PDS” for $10 off AND your chance at weekly $500 prizes! https://seatgeek.onelink.me/RrnK/PHIL  Daily Dip newsletter subscribers can win up to $1,000 in SeatGeek credit so make sure you’re subscribed: https://www.dailydip.co/ ==== ✩ TODAY’S STORIES ✩ – 00:00 - Logan Paul Denies Claims That Prime Hydration Has “Forever Chemicals”  5:01 - Biden Signs TikTok Ban, Foreign Aid Packages 9:57 - Sponsored by ZBiotics 11:06 - IVF Clinic “Knowingly” Implanted Defunct Embryos into Women 14:42 - FTC Bans Non-Competes for Workers 18:30 - Comment Commentary  ——————————   Produced by: Cory Ray Edited by: James Girardier, Maxwell Enright, Julie Goldberg, Christian Meeks, Matthew Henry Art Department: William Crespo Writing/Research: Philip DeFranco, Brian Espinoza, Lili Stenn, Maddie Crichton, Star Pralle, Chris Tolve, Jared Paolino ———————————— #DeFranco #LoganPaul #TikTok ———————————— Learn more about your ad choices. Visit megaphone.fm/adchoices

Sup, you beautiful bastards. Hope you had a fantastic Wednesday evening, Thursday morning. Welcome back to the Philip DeFranco Show, your daily dive into the news. And we got a lot to talk about today. We've got Logan Paul threatening lawsuits over this prime hydration scandal. President Biden has officially started the countdown on the TikTok ban if they don't sell. We break down how an IVF clinic botched embryos, but then deliberately implanted them in women anyway. We're talking about all that and so much more today, so buckle up, hit that like button, and let's just jump into it. Starting with, is Logan Paul giving your kids cancer? Have he and KSI just been dishing out cancer to the masses like worthless NFTs? Because that's essentially one of the many big claims being made about prime hydration right

now. Because if you've logged on to Twitter or TikTok recently, you've probably seen people warning against drinking the product. And pretty much all of this seeming to stem from a class action lawsuit that was filed last year over claims that a third party test found that the great flavor of Prime contains PFAs or PFOs, which are also known as forever chemicals. And the firm behind the suit saying that these chemicals have been found to have adverse effects on the human body and environment. And as far as why this 2023 lawsuit is getting attention now, well, it's because reports say that the documents pertaining to the case were made public earlier this month during a motion hearing, which among other things prompted people to make videos where they were dumping out their prime bottles. You had doctors

chiming in. It turned into a whole thing. And on these pockets of the internet, it just kept getting bigger and bigger. In fact, so much so that Logan Paul made a video this morning denouncing the lawsuit, right? Among other things saying anyone can just sue anyone at any time. That doesn't make the claims true. And adding, there's claims that PFOS or forever chemicals come from plastic. So in this case, they're not talking about the actual drink, the liquid Prime. They're talking about the bottle

that Prime is manufactured in. This ain't a rinky dink operation. We use the top bottle manufacturers in the United States. All of your favorite beverage brands, Coke, Pepsi, Tropicana, Dr. Pepper, they use these companies. But Logan's saying they follow all codes and are compliant with FDA guidelines. And also arguing that if you're talking about the actual drink, that argument falls apart too.

And they are specifically going after claims from one viral video from a creator by the name of Tommy the Lawyer. Because Tommy, he's made a few videos about Prime, including one where he says, Our office was actually recently contacted by a young boy who has leukemia after drinking Prime hydration and PFOs and PFAs have been linked to specific types of cancers. While that alone is a very, very big accusation, Logan didn't focus on that one and instead just centered on what was directly related to the lawsuit.

According to the testing done by one of the lawyers for the plaintiff. Whoa, hold it. You saw Goodman or Walter White brother because this little study that was conducted by a lawyer is absolute bullshit They're claiming that prime has 0.06 PPT parts per trillion But that's interesting because the EPA says that anything under 1.1 PPT cannot be deemed as reasonably accurate

Logan claiming that there are no tools to even prove what's being alleged by saying the detection limit is far higher than what they say They found and that's just the detection limit your own state will not even take action unless it's over 40 parts per trillion. But the arguing of the claim wasn't even factual. And then moving to another point, which was that Tommy the lawyer said that one single bottle of Prime Hydration has three times the amount of forever chemicals that you should have from drinking water in your life.

And notably there, quite a few people on TikTok had already slammed that as a misrepresentation of what the lawsuit says and what the EPA's figures mean. And with that, you had Logan here saying, We have a very big multi-million dollar filter that filters the water from the state. Water you drink at home, water provided by the state before we make it into Prime.

If this claim about PFOs and PFAs is true, what is that saying about your state water? With Logan then adding that the EPA recommends one of three tactics to remove these chemicals and Prime does two of them. And very notably, Logan saying they have samples of every batch of Prime. So if the plaintiff has their production number and comes forward with it, Prime can test their sample.

And he closed that video by saying that the company follows every guideline and regulation, and then he issued a threat or a promise. So Tommy, the TikTok lawyer, four videos in, man, form those views, get those likes, and get a haircut while you're at it. We'll accept an apology within the next 48 hours. Otherwise, you're going to be representing yourself in a miserable courtroom for lying about our brand. Though to that, you actually had Tommy responding today. Yo, Logan, why don't we just go live and talk about this? Do you wanna have a discussion

or you just wanna threaten me? Which I will say is a very weird reaction to a defamation claim. Right, debate me on live, bro. Which, you know, hasn't happened and I don't imagine that it would, especially as the responses to Logan's video as well as Tommy's have favored Logan,

with many seeming impressed by his defense, whether they like him or not, also saying that he cooked the lawyer. Though Tommy the lawyer had his own thoughts about that while going live today. And I'm dying to know where his evidence is. He screen clipped carts of documents that he didn't even show you in full

and y'all just believe him at face value? That speaks more to you than anyone. That's like the logan call logan paul bro phrase you're cooked bro it's like the bro they're like at the gym right now you're cooked bro also i'll say my favorite part of the live stream that i caught before i started recording was that he was equating the people that were criticizing him or going after him in his live chat this is real to people people that criticize Patrick Mahomes while they're just at home on their couches. But ultimately, we're gonna have to wait to see what

happens here. Because of course, while the court of public opinion is going to continue to play out, this is all connected to real lawsuits and threats of other lawsuits. And they're going to go through courts. And that is where the really meaningful and interesting stuff's going to play out. We got to talk about some big old meaty news coming out of Washington today. Because after months of hemming and hawing and just general dysfunction in Congress, some of the biggest and most controversial legislation of the year has finally been signed into law. Because we're talking about a provision that could result in the nationwide ban of TikTok as well as $95.3 billion in aid for Ukraine, Israel, and Taiwan. Because like I talked about earlier this week, Speaker Johnson, despite opposition from most far-right members of his party,

finally just did his job and let the House vote. And notably there, he had the House vote on the aid to each country and the TikTok provision separately to prevent opposition to any one measure from tanking the whole bill. With that legislation then going to the Senate as a single package that required only one up or down vote to pass, and the Senate yesterday voting overwhelmingly to approve it. Notably there, nine Republicans who opposed a version of this bill back in February changed their minds and they voted yes. And just this morning, Biden officially signed the bill into law and saying the path to my desk was a difficult path. It should have been easier and it should have gotten there sooner. But in the end, we did what America always does. We rose to the moment.

It's going to make America safer. It's going to make the world safer. And it continues American leadership in the world and everyone knows it. And so with that said, let's get into the specifics. As far as the aid, the largest chunk of it, roughly $61 billion, is going to Ukraine, with the main question now just being, is it too late? Though in the face of this delayed aid, Ukrainians are still fighting hard, and actually they struck two oil depots within Russia just today. Though also, Putin has made significant gains in eastern Ukraine in the past few weeks, with him also reportedly preparing 100,000 troops for a massive summer offensive. And actually, to that point, 15 Republican senators voted against yesterday's legislation primarily because of their opposition to the Ukraine aid. But Tommy Tuberville of Alabama,

who abstained from the vote, saying Congress was bankrolling a war that has zero chance of a positive outcome. Though notably, that also wasn't Tuberville's only problem with the bill. He was also opposed to the fact that nine of the $26 billion going towards Israel was for humanitarian assistance in Gaza. With him claiming that money would just be immediately used to line the pockets of Hamas. Though notably, on the flip side of this, you had progressive senators who opposed the bill because they said they couldn't support sending more offensive weapons to Israel. With him pointing to the fact that the government's campaign in Gaza has killed tens of thousands of people and created a hunger crisis. With that including Democrats Jeff Merkley, Peter Welch, as well as Bernie Sanders. With actually Sanders also expressing concern about whether that nine billion dollars for humanitarian aid would

actually help Palestinians. Especially as there have been widespread reports that Israel has restricted aid to Gaza in what may amount to a war crime. military assistance to block the delivery of U.S. humanitarian aid to Palestinians. If that is not crazy, I don't know what is, but it's also a clear violation of U.S. law. Now, from there, we can move on to Taiwan, where specifically the $8 billion is going to be going towards the broad purpose of security in the Indo-Pacific. And basically, this is all about countering Chinese influence in the region, which is why, unsurprisingly, China has come out in opposition to the measure. Though that also kind of leads us to the whole TikTok ban situation, which also, at least according to lawmakers, has to do with

the Chinese threat to national security. Now, to be clear, supporters of this ban have argued this is not actually a ban, because what the law technically does is require that the Chinese company ByteDance sell TikTok within 270 days. And if it does not do that, the app will be prohibited from US app stores and internet hosting services. But of course, many say that is effectively a ban, even if that's not what you want to call it. And in fact, TikTok CEO actually took to his platform earlier today to say basically that. Make no mistake, this is a ban, a ban on TikTok and a ban on you and your voice. Them notably going on to say that TikTok would challenge the law in court. And with that, the legal argument against the ban or the not ban or whatever the fuck you want to call it,

is that it is a clear violation of the First Amendment, right? That's what they're arguing. And with that, some experts say that the company has a real case, with one potential outcome being that the ban is blocked for multiple years while the legal battle plays out. Which is actually why I'll close with this. Sometimes our shows or our videos, they're demonetized, they're suppressed, they just disappear. And now with the threat of an entire platform

possibly just going bye-bye where we have an established audience, it is a great time to mention phillyd.tv. Not only is it a reliable hub so you can make sure that you get this daily news show on Apple Podcasts, Spotify, or here on YouTube, but also we just started testing it about a week ago. We now offer a paid subscription so you can get your show that you love every

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I'd love to know your thoughts on any of the aid packages as well as this potential TikTok ban. I think most of us, as we get older, understand that bouncing back after a night out with drinks, it's not like what it used to be. When you have kids, forget about it. So I really want to thank the fantastic sponsor of today's show, Z-Biotics, for helping me out. Because if you don't know, Z-Biotics pre-alcohol probiotic is the world's first genetically engineered probiotic invented by PhD scientists to tackle rough mornings after drinking. When you drink, alcohol gets converted into a toxic byproduct in the gut, and that byproduct is a big reason why you feel so rough the next morning. And Z-Biotics produces an enzyme to break this byproduct down. It's designed to work like your liver, but in your gut where you need it most.

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And then, so I'm not expecting to relate to a ton of people here, but I fucking love numbers. AP Statistics was like the only class I actually enjoyed in high school. And not only because numbers have always kind of come easy to me, but because they expose things. When you have data and you do certain things to it, you can see when something's successful or if it exposes red flags. Like for example, if I asked you if nine women undergo IVF treatments that each have a 75% chance of success, what do you think the odds are that every single one of them fails? Also, I'm not a psychopath. You shouldn't be able to do that in your head. But your gut, it probably tells you pretty small chance. And specifically, if you used a calculator, you would find that that comes

to a.000381% chance. Pretty much the same odds that the Jets will be Super Bowl champions at the beginning of every season. Almost fucking impossible. But that's exactly what happened to these nine couples who all went to the same clinic in Newport Beach, California. With them saying they used high-grade embryos from Ovation Fertility, one of the largest fertility clinic networks in the country. And so the big question here is, well, then what in the hell went wrong? And well, yesterday we got an answer with our lawyers giving a press conference and dropping this bombshell. There are very few things that you can be certain of in life. But you can always be sure the sun will rise each morning.

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Most of the month of January 2024, a laboratory employee wrongly used hydrogen peroxide instead of a sterile solution in an embryo incubator. That hydrogen peroxide killed all of the embryos. These dead embryos were then transferred to Ovation's customers. Obviously, none of them became pregnant. Right, they implanted dead embryos into at least nine women and possibly dozens in total, according to the lawyers. We're now representing them in a lawsuit against the clinic. And one of these women affected Brooke Berger telling her story to People Magazine, saying that her first five embryos failed and she had the remaining two shipped to her new doctor after she and her husband moved to California. But unfortunately for them, that doctor worked with Ovation Fertility. And so while Berger was taking medication that she said gave her nerve

pain that she still suffers from today, some fucking idiot was allegedly giving her only remaining embryos a scrub-a-dub-dub with what may as well have been battery acid. So when the doctor implanted both into her uterus, both of course failed with her telling reporters. And knowing that there was no possibility that they put me through that, it's kind of horrifying. And her husband saying ultimately it's Brooke who is sacrificing her body physically and mentally, and I can only do so much. And adding, it's just so hard seeing her with these medications and the pain and the whole process, and then for it to be for nothing. It's devastating. And with this, you have Ovation defending itself, saying this was an isolated incident related to an unintended laboratory technician error that

impacted a very small number of patients. And claiming, as soon as we recognized that pregnancy numbers were lower than our usually high success rates, we immediately initiated an investigation. But notably, the lawsuit counters that before an embryo is given to the physician, someone's supposed to verify that it's viable under a microscope. So either one, that didn't happen. Two, someone did do that, but they suck at their job. Or three, they did and they didn't care. So seemingly, this is like the world's worst game of what's behind the door. Negligence, negligence, or monstrous negligence. And really important to the situation is that the suit claims that Ovation tried to trick the couples into signing a release agreement, or basically a gag order in exchange for a little more than $5,000, which by itself is ridiculous,

but also so small compared to the $25,000 that a single IVF cycle is estimated to cost. And so for Berger and any other woman that's not giving up after all this, it means another round of IVF and many more months of painful medications and injections. And for the attorneys fighting the legal battle for them, this means a long overdue reckoning for IVF providers. The folks who work in the lab of fertility clinic do not need certification. They do not need advanced training. They do not need continuing education. We need meaningful regulation throughout the country over this $27 billion industry. And then, see all the FTC just made some big changes that may affect your day-to-day life, or at least your prospects in the future.

Because the FTC just announced that they are banning employee non-compete agreements in almost all contexts. Or well, more specifically, banning them in 120 days when the rule officially goes into effect. Now, for those unaware, employment clauses like this often state that employees cannot work for a competitor or launch a company of their own in the same space after they leave the company. With the FTC believing that 18% of American workers are actually stuck in a non-compete. You know, this is also not something that's confined to certain types of jobs. I mean, I was actually shocked when I found this. Employees from minimum wage workers all the way to CEOs have experienced a non-compete. So there's actually a decent enough chance that

you may have signed one. Also, I will say notably under the new rule, one, the only people still allowed to be covered under non-competes would be senior executives. And two, any existing non-competes out there would be thrown out. You know, with all this, the agency thinks that this is going to be a huge move for the economy. It'll allow workers to switch jobs far more freely, leading to an estimated $300 billion more per year for workers as they secure more competitive wages. And so obviously, employers that already struggle with retention, not going to be the happiest about this. But also, as far as everyday workers, this is a huge win, especially as many workers often have to find new work in order to secure substantial pay increases, especially as most jobs refuse to

offer pay increases for their existing employees above marginal levels. And among those praising the decision, you had FTC chair Lina Khan saying the decision came after more than 26,000 public comments and saying, we heard from employees who, because of non-competes, were stuck in abusive workplaces. And talking about specific instances, like one person noted when an employer merged with an organization whose religious principles conflicted with their own, a non-compete kept the worker locked in place and unable to freely switch to a job that didn't conflict with their religious practices. With her adding that these stories pointed to the basic reality of how robbing people of their economic liberty also robs them of all sorts of other freedoms. And this is Commissioner Rebecca Slaughter added, it is so profoundly unfree and unfair for people to be stuck in jobs they want

to leave, not because they lacked better alternatives, but because non-competes preclude another firm from fairly competing for their labor, requiring workers instead to leave their industries or their homes to make ends meet. But of course, like I said, this change has some critics as well. I mean, we've already seen that from the U.S. Chamber of Commerce, which tried to stop this decision ever since it was first proposed, with the president and CEO saying, this decision sets a dangerous precedent for government micromanagement of business and can harm employers, workers, and our economy. And specifically going on to add that this move will likely make it harder for companies to hold on to trade secrets. Although notably, nothing in the FTC's decision specifically stops businesses from protecting

their trade secrets in court if an employee were to spill the beans elsewhere. But you also have the Chamber of Commerce claiming that this will hurt workers because it'll incentivize businesses to not put in as much effort into employee training and development. So with all that, unsurprisingly, they have vowed to sue to block the legislation, which is also something the two Republican commissioners on the FTC figured would happen when they voted against the measure, with Commissioner Melissa Holyoak saying it was government overreach and would likely be blocked. You know, all of which is something for the courts to decide. And regarding that, you know, on one hand, the FTC's powers are pretty broad, but on the other hand, Congress has never explicitly given the FTC the power to

regulate things like non-competes, which, you know, could hurt it in a legal battle. Although there have been efforts from both sides to get something rolling in Congress, with things like the Workforce Mobility Act and the Freedom to Compete Act, both of which would largely ban non-competes. And so if the Chamber of Commerce successfully blocks the FTC's rule, it's possible that it'll serve as a catalyst for Congress to actually move on either one of those bills. And personally, I'll say I'm largely in favor of banning the non-competes. Obviously, not everything is a one-to-one situation and you have to have safeguards in place regarding things like trade secrets. You know, one of the main reasons your employees stick with you shouldn't be because you fucking handcuffed

them to the radiator. Well, right now, you know, inflation has started to calm down to a relatively normal 3%. Prices on things like groceries and housing, they're extremely high and they grow at a rate that heavily outpaces wages. And if you're adding the appropriate value to a company, but your company isn't, you know, changing your wages yearly based off of inflation, or, you know, they know they have you locked down. That's predatory. That's exploitation. But again, that's a story, my take on it. And whether you agree or you disagree with me, I'd love to hear from you on this or really anything we talk about today. And then to finish off today's show, we have two final things. The first is I want to say congratulations to Peterson H., a longtime viewer of the show since 2010,

and the latest winner of the weekly $500 giveaway towards any tickets on SeatGeek, which also, it looks like he's sharing this with his wife, so congratulations to you, Bol. And for everyone else, that's right. SeatGeek and The Daily Dip are still giving away up to $1,000 in tickets, and you should definitely enter today if you haven't already.

All you gotta do is add code PDS to your SeatGeek app profile for a chance at the weekly $500 prize, no purchase necessary. And also $1,000 prizes are available to Daily Dip subscribers who add code PDS newsletter, doubling your entries and winnings. But then finally, two, we end on comment commentary, where we dive into the comments on that last show and see what stories stood out to you and what y'all are saying. And you know, in those comments yesterday, so many people were sounding off about Alec Baldwin getting harassed, or some tried to argue that he was the target of nuisance activism. Which, by the way, that's, you're just saying harassment with more syllables. With Yowachi saying, social media has given way too many people the confidence to be fucking garbage.

And Ron responding, yep, her performance art excuse was a laughably elitist response. And Christopher saying that woman just wants attention and he knows it. But bringing up traumatic events to stir him up is sickening. Crissip's saying confrontational media sure is a nice way of saying harassment with a phone. And Woodrow's saying this is not activism, it is narcissism. It is leveraging tragedy to chase clout. Shameful. Also yesterday there was a good chunk of conversation around that Iranian MMA fighter. With Mithra saying, Phil, as an Iranian woman, I got really nervous when you started talking about the MMA fighter. Because I thought, here we go, another news story to paint us all

with the same brush. But I have to sincerely thank you for how you covered the story. We Iranians hate the regime that's hijacked our beautiful country and culture. We hate everything they do inside the country and outside. When the attack against Israel happened, we were desperate for news outlets to stop saying Iran or Iranian when referring to the actions of the murderous regime. So thank you. It means a lot. And James T initially quoting me from yesterday saying, when someone says I hate Iran, that what they're saying is I hate the Iranian government. I hate the ruling class there and saying, I really wish the media would do better about making this more clear to everyone. If the media as a whole would take the extra second when stating a headline to add the word government behind a country's

name, maybe there wouldn't be so many people out there with blind hatred for an entire country of people who may or may not even believe in what their government is doing. Though noting at the end, it's probably because it's easier for humans to bond over a mutual hatred than actually take the time to find something in common that's productive to society. Though a less international and broad comment and more on a just one-on-one human level, you had Fernando quoting the fighter's awkward apology saying, I am a married man, so I respect the female gender. And saying, yes, because we know abuse and sexism doesn't exist for married couples. Which I will say, it is also sad when like, like his weak ass apology aside, when someone needs to think about like their,

their daughter, their, their wife, their mom being in a situation for them to like empathize with what a woman might have to go through. Though, while frustrating, it is, it is an effective and helpful thing to, to bring up. Because to varying degrees, human beings at some level are selfish and self-serving. So anytime you can make a situation, not something that's just happening to other people in a faraway place, but happening to you, it humanizes things. So again, that whole situation was so weird. And I agree with Red who said, that ring girl looks like she's held at gunpoint. But then finally, I'll leave on this comment. Frosted said, where the heck was the yesterday today segment? I feel

robbed. Good. That's how I know you care. But no, that's not the reason why it wasn't in yesterday's show. I just got to know this moving forward. If yesterday today is not in the show, it's a time issue. Yesterday, because of some personal stuff, I got a very late start to the show and my main editor is out on a well-deserved vacation. So I kind of set everyone up for failure yesterday. And this segment is just the easiest thing to cut from the show for time. And yesterday's show, as many of the first comments noted when I uploaded yesterday, was late, but it would have been even later. And what's kind of wild is if like the show, it's something like if the show goes out after 3.30 PM Pacific time, the number of everyday viewers that miss that episode, it spikes. So yeah, that's to say I'm not purposefully playing

games with your hearts. It's a, it's just, you know, game time decision. And if some of y'all are interested in the more behind the scenes stuff, maybe that'll be something eventually we include in the PhillyD.TV subscription. Once again, we're still fleshing out the idea of what that could be, but right now it's primarily just to get the show ad free and for people to be able to support more directly if they want. But that is where today's show is going to end. And I'll leave you how I always do, wet and confused. That's not, no, that's not you. I'm saying my name's Philip DeFranco. You've just been filled in. I love your faces and I'll see you right back here tomorrow.