{"id":644,"date":"2015-10-01T15:13:03","date_gmt":"2015-10-01T15:13:03","guid":{"rendered":"http:\/\/www.ftcguardian.com\/articles\/?p=644"},"modified":"2017-03-17T06:02:07","modified_gmt":"2017-03-17T06:02:07","slug":"ftc-sues-weight-loss-company-for-online-gag-clause","status":"publish","type":"post","link":"https:\/\/www.ftcguardian.com\/articles\/ftc-sues-weight-loss-company-for-online-gag-clause\/","title":{"rendered":"FTC sues weight-loss company for online &#8216;gag clause&#8217;"},"content":{"rendered":"<div>\n<h1>FTC sues weight-loss company for online &#8216;gag clause'<\/h1>\n<p>Roca Labs is in BIG trouble. Not only\u00a0are they being charged with deceptive advertising, but the FTC is accusing them of imposing consumer gag orders!<\/p>\n<div>\n<p>The Federal Trade Commission (FTC) is suing a weight loss powder company over multiple allegations of unfair and deceptive practices, including attempts to bar customers from posting negative reviews online.<\/p>\n<p><a href=\"http:\/\/go.ftcguardian.com\/bw4uoy\" target=\"_blank\"><img decoding=\"async\" src=\"https:\/\/s3.amazonaws.com\/ftcguardian\/images\/728x90-Un-vjy-FTC-GUARDIAN-banner-2.gif\"\/><\/a><\/p>\n<p><a href=\"https:\/\/www.ftc.gov\/news-events\/press-releases\/2015\/09\/ftc-sues-marketers-who-used-gag-clauses-monetary-threats-lawsuits\" target=\"_blank\"><strong>The allegations<\/strong><\/a>\u00a0against Roca Labs and its affiliates were made Monday in a federal court in Florida. In addition to the so-called gag clause, the FTC also alleges the company made false and unsubstantiated claims about the effectiveness of the product.<\/p>\n<p>The commission also alleges the company failed to disclose that some positive reviews were made by people who received discounts. The company is also facing allegations that it violated customer privacy by disclosing some health information to banks and payment processors.<\/p>\n<p>\u201cNot only did they make false or unsubstantiated weight-loss claims, they also attempted to intimidate their own customers from sharing truthful \u2013 and truly negative \u2013 reviews of their products,\u201d the FTC\u2019s consumer protection head, Jessica Rich said.<\/p>\n<p>The FTC said the company had made $20 million in sales since 2010.<\/p>\n<p>Versions of the weight loss company\u2019s terms of purchase in question Monday said that \u201cregardless of your personal experience with RL, you will not disparage RL and\/or any of its employees, products or services.\u201d<\/p>\n<p>Violating those terms allowed the company to waive any discounts and authorized it to \u201cseek all legal remedies\u201d to get the negative review retracted or removed.<\/p>\n<p>The FTC alleges those terms violate the commission\u2019s rules against \u201cunfair acts or practices\u201d because they were likely \u201cto cause substantial injury to consumers that is not reasonably avoidable by consumers and that is not outweighed by countervailing benefits to consumers or competition.\u201d<\/p>\n<\/div>\n<p>via <a href=\"http:\/\/thehill.com\/policy\/technology\/255130-ftc-sues-weight-loss-company-over-online-gag-clause\" target=\"_blank\">FTC sues weight-loss company for online &#8216;gag clause'<\/a><\/p>\n<h2><span style=\"color: #000000;\"><span style=\"font-weight: 400;\">Here\u2019s How To Make Sure You,<\/span><span style=\"font-weight: 400;\"><br \/>\n<\/span><span style=\"font-weight: 400;\">Your Business & Website Is FTC Compliant<\/span><\/span><\/h2>\n<p><span style=\"font-weight: 400;\">By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Smart business owners around the world are doing it with the help of <\/span><span style=\"font-weight: 400;\">FTC Guardian<\/span><span style=\"font-weight: 400;\">.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">FTC Guardian is a service that is 100% focused on helping to keep you get and stay FTC compliant and fully protected. <a href=\"https:\/\/go.ftcguardian.com\/bw4uoy\" target=\"_blank\">And right now, we are offering a free training to give you the knowledge, information, and guidance that you need to stay out of trouble with the Federal Trade Commission.<\/a><\/p>\n<p>The training is titled: <a href=\"https:\/\/go.ftcguardian.com\/bw4uoy\" target=\"_blank\"><strong>3 Tragic (Legal) Privacy Policy List Building Mistakes That Can Get You In Hot Water With The FTC Today &#8211; Resulting In Your Business Being Shut Down&#8230; And How To Solve It!<\/strong><\/a><\/p>\n<p><span style=\"font-weight: 400;\">Here are some of the things you\u2019ll discover on the training:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Real-Life Examples of People Who Didn\u2019t Think They Were At Risk, But Who Got Nailed By The FTC, And Why It Could Happen To You, Too<\/span><\/li>\n<\/ul>\n<ul>\n<li style=\"font-weight: 400;\">Why 2014 Was a Significant Year For Online Businesses, And Why You Should Be Worried!<\/li>\n<\/ul>\n<ul>\n<li style=\"font-weight: 400;\">The 3 Enormous Powers The FTC Has That Can Change Your Life \u2013 And Your Family\u2019s Life \u2013 Forever!<\/li>\n<\/ul>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">How to Avoid FTC Claims When Collecting Leads With Optin Forms<\/span><\/li>\n<\/ul>\n<ul>\n<li style=\"font-weight: 400;\">3 Privacy Policy Mistakes Every Digital Marketer Is Making, And Why You're In The FTC\u00a0Crosshairs.<\/li>\n<\/ul>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">And Much More\u2026<\/span><\/li>\n<\/ul>\n<p><b>Remember: legal protection is a massively important part of your business, and it\u2019s one you cannot afford to ignore any longer.<\/b><\/p>\n<p><a href=\"https:\/\/go.ftcguardian.com\/bw4uoy\" target=\"_blank\">Go here to register for our next FREE training and make your business is FTC compliant today!<\/a><\/p>\n<p><b>Disclaimer: \u00a0This article is provided for informational purposes only. It\u2019s not legal advice, and no attorney-client relationship is created. Neither the author nor FTC Guardian, Inc. is endorsed by the Federal Trade Commission.<\/b><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>Bottom line according to the FTC &#8211; Roca Labs sells crap and lies about it. Not only are they being charged with deceptive advertising, the FTC is calling attention to their habit of using non-disparagement clauses to threaten customers who give it bad rev  <\/p>\n","protected":false},"author":6,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_analytify_skip_tracking":false,"footnotes":""},"categories":[12],"tags":[21,28,36,53],"class_list":["post-644","post","type-post","status-publish","format-standard","hentry","category-ftc-compliance","tag-deceptive-advertising","tag-federal-trade-commission","tag-ftc-claims","tag-terms-and-service"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/posts\/644","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/comments?post=644"}],"version-history":[{"count":4,"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/posts\/644\/revisions"}],"predecessor-version":[{"id":656,"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/posts\/644\/revisions\/656"}],"wp:attachment":[{"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/media?parent=644"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/categories?post=644"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/tags?post=644"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}