BioPerformance Fuel/BPI/ProvisionUS Up-date Site

texas attorney genral court date lowell mims ffi nanoenergizer ecoenergizer ethos ffi d-1280x  
New BioPerformance is Launched!

Copyright 2007, 2009   Donnie McKinney

(Bookmark this site to check back for further updates)



November 10, 2009 - Newer Contact Info ProvisionUS appears to have moved again. The address is now: ProvisionUS Customer Service, P.O. Box 1110, Rogue River, OR 97537 and the phone numbers listed are: Customer Service (541) 474-3923 and IAB Payment processing (800) 275-1171. The current website appears to be -

March 2, 2009 - New Contact Info I keep getting calls from people wanting to cancel autoship who cannot find the info. BioPerformance or MYBPI is now Provision US, 2150 South 1300 East Suite 500, Salt Lake City, UT 84106. Phone - (801) 783-1058 / Fax (801) 783-1057 / email February 29, 2008 - BIG NEWS!  I heard from the first person a couple of weeks ago telling me about receiving their REFUND from the Texas Attorney General. There are still thousands of people who didn't know to get their claim in before the arbitrary cut-off date of July, 2007 and have not been included in the refunds. If anyone has any luck in getting a claim submitted, please let us know so we can help the rest of the folks who lost money.

May 1, 2007 - Official Launch Date - May 15, 2007. If you want to reactivate your distributorship in BioPerformance, go to - - and log in with your old ID# & password. Agree to the terms and conditions, get on autoship and you're activated.

May 3, 2007 - Editorial. Several people have asked me why I'm not interested in getting into BioPerformance, again. My partner and I still have $2,000,000 BV accumulated that we worked five months of our lives to build, when the company failed and cut our legs right out from under us.

BioPerformance simply doesn't meet my newly-learned criteria for a network-marketing company, since it's a still a start-up company, only under "new" ownership. I paid a high price for my education. The statistic that 98% of start-up network-marketing companies fail came from real-life experience.

I've met Ernie Land. He seems like a decent guy. I have no idea whether he knows how to run a network-marketing company, or whether he has the financial resources necessary to build one. I hope he does. There will be a lot of nice folks depending on him and the rest of the leadership team.

For me, personally, knowing a company will be around when I'm retiring on my residual income is extremely important. I'm just too old and don't have enough time for another 2% gamble, hoping that a company will survive.

There is enough business out there for everybody who wants to work, and each person has to make their own decision. Good luck to all who want to gamble. Just my opinion.

If you were a BioPerformance distributor and liked the product, as I did, you will lovePowerPlus MPG.

I'll send you a bottle with 100% Money-back Guarantee for $19.95, incl. shipping (or 2 for $36.95).

One bottle will treat 120 gallons of gas. You can see for yourself how great it works.

Demco Enterprises, LLC
Independent Distributor

2260 Olivet Church Road

Paducah Ky 42001


Here's the old company address if you need it to complete the claim form:

BioPerformance, Inc.1300 W. Walnut Hill Lane

Irving TX  57038

NEWS Flash! April 30, 2007 - Ernie Land announced today that BioPerformance is ready to crank back up. If you want to get back into the new start-up company, he will be advising how soon. Personally, I am DONE with start-up companies. Good luck to all who want to give it another shot.

Lowell Mims Says, "Have a nice life."

April 19, 2007 - Doc Fog bought the name, database & all. Lowell said he won't be involved. In between the lines, this writer thinks there were too many class-action lawsuits lurking for the company to continue. With the company "out of business" there is no one to sue. Ernie can have a clean "start-up" company with some kind of product.

One thing seems clear. You won't get your money back for product never received, or for product on hand, unless you file a claim for a refund with the AG.

April 5, 2007 - A lot of people have asked about documentation to send with claim forms. The easiest way to document your loss is to go into your BioPerformance back office and print out copies of your invoice(s). You can also use copies of cancelled checks or a copy of your bank statement.

You can access your back office by going to - and using your SS# or ID# to sign in. Click on "maintenance" and then "view my orders" to pull up each invoice you paid to print out.

The ONLY way to get a refund is to submit the claim form to the Attorney General
Complaint Form

April 5, 2007 - What's happening? Original info was a re-launch date of March 14, but recent emails indicate that a new product formula is being tested and launch will be sometime in the near future.

February 8, 2007 -
Doc Fog's newest editorial -

January 23, 2007 - The long-awaited settlement is public -
Read Agreed Order   It is interesting to read Abbott's public statement Read Abbott's Press Release and then the agreed court order, and BioPerformance's press release - Read Press Release. Two diametrically opposite spins to the same document. The truth lies somewhere in between.

The only part that is clear is that the AG has over $8 million to refund for products you never received, products you want to send back and maybe even commission checks that bounced, though that is doubtful. To file for a refund, go to Online Complaint Form.

anuary 9, 2007 - I have only put verifiable information on this update page in the past. So, I hesitated adding this info, simply because I have been unable to verify it through acceptable sources. Therefore, take it for whatever it is worth.

That said, I have heard through numerous sources over the past few weeks that BioPerformance has completed the testing in EPA certified labs with positive results.
I have also heard from the same sources that BioPerformance and the Texas AG have reached an agreement to remove the TRO, subject to court approval.
The sources said that BioPerformance's first act of business would be to make good on commission checks that bounced and refund money to people who ordered product but never received it. The same sources stated that BioPerformance plans to be back in business by February.

All of the above could be classified as "rumor." However, I heard the same info from different sources at the same time and the info was fairly consistent. Thus, there may be some truth to it.

September 14, 2006 - Court date has been extended until February 5, 2007. Apparently, BioPerformance asked for the delay, not the Attorney General. Not much else to say about that.

September 9, 2006 -
My information (sorry, I don't have a quotable source for this) is that everybody thought couple of weeks ago that a settlement was about to be reached and the company would open up. That didn’t happen.
Now, they expect it to go to a jury trial. The trial could last two weeks. If successful, the company could be back in business by the first of October.


Abbott has seemed really angry about a lot of things that have been going on. He even seems to be questioning the EPA-certified laboratory's test results, even though they are the standard for mileage testing.  Another Judge has been upset with the AG about a different case, which is unrelated, but may illustrate Abbott's method of operation -

An unnamed source reported that Abbott asked for an extension past the September court date, but he denied it saying that Abbott should have been preparing for the trial. It's been said that Abbott wants to delay the trial past his upcoming election to avoid looking bad, but that is likely speculative.

It has also been reported that the judge told the AG that he has no evidence to move forward with the case. The judge has the power to throw case out or move to a different court, but there are a lot of political ramifications and any other than a jury verdict is unlikely.

August 4, 2006 -
I have received a lot of calls asking what happened to BioPerformance. The following is my personal opinion, which I communicated to the top BioPerformance leaders weeks before the TRO, but with no response.

In my opinion, the primary cause of this fiasco was BioPerformance's "sucky" communication with the distributors. The company obviously grew faster than anyone had ever imagined it would, and wasn't quite up to the challege. But, the crisis began when Lowell Mims made the decision to move the manufacturing to a larger facility in order to increase production capacity. That was a sound decision, I think, but the problem is that the distributors weren't told what was happening until it was too late.

If the move had taken 1-2 weeks as planned, it's possible that no one would have even noticed. However, like most projects, the move took twice as long as anticipated and no product was shipped for over a month. Still, no one was told why. If just an email explaining what was happening was sent to the distributors, most people would have understood that it was simply growing pains, and waited patiently.

However, during the highest growth period in the company, hundreds of people not only "overnighted" $500 in to join, but also had their checking accounts debited for multiple $59 autoships when there was no product to ship. Nobody received anything, and Customer Service tickets went unanswered. People started worrying. Those of us who were signing up new people ran out of answers.

MLM companies, as a whole, rank somewhere below used car salesmen and Realtors in the "trust" department. (I'm a Realtor, so I can say that lol) People started screaming "SCAM" and many of them filed complaints with the BBB and Attorney General.

Even though Abbott's gestapo tactics raise a lot of questions, I can't place all the blame on him. After all, it's his job to respond to complaints. There are some valuable lessons to be learned from this mess by other MLM companies.

August 2, 2006 - A new letter from Chad Alward from his personal research - Alward Letter #2

June 27, 2006 - Some good detective work from a fellow BioPerformance distributor with some potentially good news -Read Alward Letter

June 26, 2006 -
Donnie's unanswered letters to Governor Perry and Attorney General Abbott - Efforts Likely Wasted June19, 2006 - For information on filing for a refund for products paid for but not shipped, or commission checks that bounced when the BioPerformance checking accounts were frozen, click on the email address above.

June 1, 2006 - After two days of the State presenting it's case and an hour or so of the only witness the judge allowed BioPerformance to use, the judge continued the restraining order to allow time for BioPerformance to conduct testing and come back to court. A temporary court date of September 18 was set. The trial could be sooner, but don't expect Abbot to agree to move it up.

The State withdrew it's allegation that the company was an illegal pyramid scheme, but still spent most of it's time trying to find out where Lowell Mims and Gus Romero are "hoarding" all the money. He "assumed" that the product cost 10% and the other 90% was going to be wire-transferred to a Swiss bank account or something. With the product costing approximately 20% of the sales price and up to 78% being paid out in commissions at one point, his "assumptions" might be misguided. The judge finally said all that was irrelevant and to move on.

The gist of the situation is that BioPerformance is still unable to do business until the next court date, which is almost what Abbott wanted. He would have liked for the injunction to be made permanent. The company asked that enough funds from the frozen checking accounts be released to refund money to everybody who has ordered product that the company has been prevented by Abbott from shipping. Abbott has not agreed to that, yet.  Even though he presumably is protecting all us consumers, it's our money he has frozen.

From the reports we've received from people at the hearing, BioPerformance's attorneys rebutted all the State's "expert witnesses," who finally admitted that all the tests heated the product to a point that it would destroy all the live enzymes. However, unlike most court proceedings in which the State has to prove it's allegations, it seems that the burden in this case is on BioPerformance to prove that BioPerformance Fuel does work.

All of the above information is from people who were in the courtroom, and is based on their observations and conclusions and I cannot guarantee it's accuracy because I wasn't there.

May 17, 2006 -
The Texas Attorney General, Greg Abbott, obtained a temporary restraining order against BioPerformance, claiming it was an "illegal pyramid scheme" and was selling a product that "can't work." The TRO stated that the company cannot make any of the following claims about BioPerformance Fuel:

1.  Will reduce the emission of gasoline or diesel powered vehicles;

2.   Improve gasoline efficiency or fuel economy of gasoline or diesel powered vehicles, or

3.  Are safe and non-toxic;

Even though I know from personal experience (see comment box below) that Abbott's allegations are invalid, that has no bearing on the restraining order.

Personal Comments regarding the validity of the Texas Attorney General's allegations

I read the lawsuit and temporary restraining order in their entirety. Even after his withdrawal of the claim that the company is an "illegal pyramid scheme," one thing is clear. The remaining part of the AG's case against BioPerformance's product is predicated on a statement by a college professor that, "these chemicals have no effect on gasoline fuel, and will not result in any increase in fuel economy."

If BioPerformance works in ONE car (mine), then the entire case is predicated on a false premise. I don't know about the other 50-100,000 people who claim that BioPerformance caused an "increase in fuel economy," but I do know about my two cars. Of course, it makes little difference what the facts are, but rather whether BioPerformance can convince a jury that it works. My 1993 GMC pickup with a 350 c.i.V8, is enough to disprove the entire AG's argument that it "can't work." I'm not a scientist, but I tried my best to perform a "scientific" experiment. I haven't, as Professor Matthews claimed on the stand, "tuned up my cars, changed my driving habits, aired up my tires, bought the same gas formulations, and am only 'perceiving' an improvement in vehicle performance because I want to see it." I don't even drive the truck, but rather my son does. He's also a race car driver, so I doubt he changed his driving habits to increase gas mileage. The truck's best mileage in tests before adding BioPerformance was 11.7 mpg. With BioPerformance added, the truck's "increase in fuel economy" varied from 15% on the very first tankful to as high as 110% on one tankful, followed by an 88% increase in the next tankful.

I also ran a "reverse" test. I ran the tank empty of BioPerformance-treated gasoline, and filled it with 87 octane gasoline with no BioPerformance added. The mileage immediately DECREASED 9 MPG without the BioPerformance. Then, on the next tankful, when I added BioPerformance to the gas, the mileage jumped back up 29%. It settled down to about a 35-40% "increase in fuel economy." There can be no other explanation for these results other than the addition of BioPerformance to the fuel, causing an "increase in fuel economy."

Email Donnie

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