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ARTICLE · 13 JUNE 2018

Roca Labs Pushes Back Against FTC's Gag Gag

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Roca maintained that the FTC had no right to bring unfair practices charges centered on the gag clauses because the Consumer Review Fairness Act of 2016 had been signed after the alleged violations took place.

United StatesConsumer Protection
Alan Friel
Alan Friel
Holly Melton
Holly Melton
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Company included non-disparagement clauses in purchase agreements, but was anyone really hurt?

Bypass

The Federal Trade Commission (FTC) filed suit against weight-loss supplement marketers Roca Labs Inc., Roca Labs Nutraceutical USA Inc. and two of their officers (collectively, Roca). The complaint was filed in September 2015 in the United States District Court for the Middle District of Florida and alleges that Roca made deceptive weight-loss claims, false establishment claims, misrepresentations through testimonials, deceptive discount claims and unfair use of non-disparagement provisions.

The suit centers on Roca’s “Formula” weight-loss products, which are powders and gels that, once consumed, allegedly fill up the ingesting consumer, suppressing hunger and reducing food intake.

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