Case 8:15-cv-02231-MSS-TBM Document 48 Filed 02/19/16 Page 1 of 32 PageID 1658 

UNITED STATES DISTRICT COURT 

MIDDLE DISTRICT OF FLORIDA 

FEDERAL TRADE COMMISSION, 

Plaintiff, 

v. 

ROCA LABS, INC., a corporation; 

ROCA LABS NUTRACEUTICAL USA, 

INC., a corporation; 

MUST CURE OBESITY, CO., a

corporation; 

JURAVIN, INCORPORATED, a

corporation; 

ZERO CALORIE LABS, INC., a

corporation; 

DON JURAVIN, individually and as an 

officer of Roca Labs, Inc., Roca Labs

Nutraceutical USA, Inc., Must Cure 

Obesity, Co, and Juravin, Incorporated; and 

GEORGE C. WHITING, individually and 

as an officer of Roca Labs, Inc., Roca Labs

Nutraceutical USA, Inc., and Zero Calorie 

Labs, Inc. 

Defendants. 

Case No. 8:15-cv-02231-MSS-TBM 

FIRST AMENDED COMPLAINT 

FOR PERMANENT INJUNCTION 

AND OTHER EQUITABLE RELIEF 

INJUNCTIVE RELIEF SOUGHT 

Plaintiff, the Federal Trade Commission (“FTC”), for its Complaint alleges: 

1. The FTC brings this action under Section 13(b) of the Federal Trade 

Commission Act (“FTC Act”), 15 U.S.C. § 53(b), to obtain temporary, preliminary and 

permanent injunctive relief, rescission or reformation of contracts, restitution, the refund of 

monies paid, disgorgement of ill-gotten monies, and other equitable relief for Defendants’ 

acts or practices in violation of Sections 5(a) and 12 of the FTC Act, 15 U.S.C. §§ 45(a) and 

52, in connection with Defendants’ deceptive and unfair advertising, marketing, and sale of 

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weight-loss products. Defendants represent that ingesting these products will substantially 

limit a user’s stomach capacity and cause dramatic weight loss, and that this effect is 

scientifically proven to have a ninety-percent success rate. Defendants offer to pay 

purchasers to provide “success story” testimonial videos claiming significant weight loss, and 

use webpages that masquerade as independent information sources to tout their products. 

Defendants deceptively fail to disclose the material connections between them and these 

sources. Defendants also unfairly use non-disparagement, or “gag,” clauses in their sales 

contracts, and sue, or threaten to sue, purchasers for breach of contract if they complain or 

threaten to complain to third parties, such as the Better Business Bureau, or post negative 

comments about the Defendants or their products on internet websites, including for truthful 

or non-defamatory negative comments. 

JURISDICTION AND VENUE 

2. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331, 

1337(a), and 1345, and 15 U.S.C. §§ 45(a) and 53(b). 

3. Venue is proper in this district under 28 U.S.C. § 1391(b)(1), (b)(2), (b)(3), 

(c)(1), (c)(2), (c)(3), and (d) and 15 U.S.C. § 53(b). 

PLAINTIFF 

4. The FTC is an independent agency of the United States Government created 

by statute. 15 U.S.C. §§ 41-58. The FTC enforces Section 5(a) of the FTC Act, 15 U.S.C. § 

45(a), which prohibits unfair or deceptive acts or practices in or affecting commerce. The 

FTC also enforces Section 12 of the FTC Act, 15 U.S.C. § 52, which prohibits false 

advertisements for food, drugs, devices, services, or cosmetics in or affecting commerce. 

5. The FTC is authorized to initiate federal district court proceedings, by its own 

attorneys, to enjoin violations of the FTC Act and to secure such equitable relief as may be 

appropriate in each case, including rescission or reformation of contracts, restitution, the 

refund of monies paid, and the disgorgement of ill-gotten monies. 15 U.S.C. §§ 53(b) and 

56(a)(2)(A). 

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DEFENDANTS 

6. Defendant Roca Labs, Inc. (“RLI”) is a corporation with an office or place 

of business at 7261A, Tamiami Trail S, Sarasota, Florida 34231. RLI also uses the mailing 

address PO Box 5309, Sarasota, Florida 34277 in conducting business. At times relevant to 

this Complaint, RLI has advertised, marketed, promoted, and sold dietary supplements and 

food products, including, from approximately 2009 through the present, the Roca Labs 

“Formula” and the Roca Labs “Anti-Cravings” powder, to consumers throughout the United 

States. RLI has sold the Roca Labs “Formula,” and “Anti-Cravings” powder directly to 

consumers via the internet, including through websites accessible at the domains 

RocaLabs.com, Mini-Gastric-Bypass.me, and GastricBypassNoSurgery.com. RLI owns, or 

has owned, various federally registered trademarks, including ROCA LABS, used by the 

Defendants in connection with the advertising, marketing, promotion, and sale of their 

dietary supplements and food products. RLI transacts or has transacted business in this 

district and throughout the United States. 

7. Defendant Roca Labs Nutraceutical USA, Inc. (“RLNU”) is a corporation 

with an office or place of business at 7261A, Tamiami Trail S, Sarasota, Florida 34231. 

RLNU also uses the mailing address PO Box 5309, Sarasota, Florida 34277 in conducting 

business. From approximately 2013 through the present, RLNU has advertised, marketed, 

promoted and sold dietary supplements and food products, including the Roca Labs 

“Formula” and “Anti-Cravings” powder to consumers throughout the United States. RLNU 

has sold the Roca Labs “Formula” and “Anti-Cravings” powder directly to consumers via the 

internet, including through websites accessible at the domains RocaLabs.com, Mini-GastricBypass.me, and GastricBypassNoSurgery.com. RLNU transacts or has transacted business 

in this district and throughout the United States. 

8. Defendant Must Cure Obesity, Co. (“MCO”) is a corporation with an office 

or place of business at 7259 S. Tamiami, Sarasota, Florida 34231. At times relevant to this 

complaint, including in 2015, MCO has advertised, marketed, and promoted dietary 

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supplements and food products, including the Roca Labs “Formula” and “Anti-Cravings” 

powder, to consumers throughout the United States, has accepted consumer payments to the 

Defendants for such products, and paid operational expenses on behalf of the Defendants in 

connection with the advertising, marketing, promotion, and sale of such products. 

9. Defendant Juravin, Incorporated (“JI”) is a corporation with an office or 

place of business at 4136 Roberts Point Circle, Sarasota, Florida 34242. JI owns various 

federally registered trademarks, including GASTRIC BYPASS NO SURGERY and 

GASTRIC BYPASS ALTERNATIVE, used by the Defendants in connection with the 

advertising, marketing, promotion, and sale of their dietary supplements and food products. 

At times relevant to this complaint, including 2014-2015, JI has advertised, marketed, and 

promoted dietary supplements and food products, including the Roca Labs “Formula” and 

“Anti-Cravings” powder, to consumers throughout the United States, and paid operational 

expenses on behalf of the Defendants in connection with the advertising, marketing, 

promotion, and sale of such products. 

10. Defendant Zero Calorie Labs, Inc. (“ZCL”) is a corporation with an office 

or place of business at 5849 Lynn Lake Drive South, St. Petersburg, Florida 33712. ZCL has 

paid personnel to perform services on behalf of RLI and Don Juravin. At times relevant to 

this complaint, including 2011-2013, ZCL has advertised, marketed, and promoted dietary 

supplements and food products, including the Roca Labs “Formula” and “Anti-Cravings” 

powder, to consumers throughout the United States, and paid operational expenses on behalf 

of the Defendants in connection with the advertising, marketing, promotion, and sale of such 

products. 

11. Defendant Don Juravin (“Juravin”) (also known as Don Adi Juravin and 

Don Karl Juravin) has owned and has served, during times relevant to this Complaint, as 

President of RLNU, has been an owner of and “Vice President and Director of Marketing” 

for RLI, has owned and served as President, Secretary, Treasurer, and Director of both MCO 

and JI, and has served as a “representative” of ZCL. From 2009 through the present, Juravin 

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has exercised authority and control over RLNU, RLI, MCO, JI, and ZCL’s advertising, 

marketing, promotion, and sales of dietary supplements and food products, including the 

Roca Labs “Formula” and “Anti-Cravings” powder, to consumers throughout the United 

States. Juravin has engaged in business activities on behalf of RLI, RLNU, MCO, JI, and 

ZCL, including corporate and administrative work, and some distribution of Roca Labs 

products to consumers, from his personal residence in this district. From 2009 through the 

present, acting alone or in concert with others, Juravin has formulated, directed, controlled, 

had the authority to control, or participated in the acts and practices set forth in this 

Complaint. Juravin transacts and, in connection with the matters alleged herein, has 

transacted business in this district and throughout the United States. 

12. Defendant George C. Whiting (“Whiting”) (also known as “Dr. George 

Whiting” and “George C. Whiting, Ph.D.”) has served as President, Secretary, Treasurer, and 

Director of RLI. Whiting has served as President, Secretary, Treasurer, and Director of 

RLNU since approximately December 2014. From 2009 through the present, Whiting has 

exercised authority and control over RLI. At times relevant to this Complaint, Whiting has 

engaged in business activities on behalf of RLI, including corporate and administrative work, 

from his personal residence in this district. From 2009 through the present, acting alone or in 

concert with others, Whiting has formulated, directed, controlled, had the authority to 

control, or participated in the acts and practices set forth in this Complaint. Whiting has also, 

at times relevant to this Complaint, served as President, Secretary, Treasurer, and Director of 

ZCL. Whiting transacts and, in connection with the matters alleged herein, has transacted 

business in this district and throughout the United States. 

13. Defendants RLI, RLNU, MCO, JI, and ZCL have operated as a common 

enterprise while engaging in the deceptive acts and practices alleged below. These 

defendants have conducted the business practices described below through interrelated 

companies that have common control, officers, business functions, employees, and office 

locations. Because these defendants have operated as a common enterprise, each of them is 

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jointly and severally liable for the acts and practices alleged below. Defendants Juravin and 

Whiting have formulated, directed, controlled, had the authority to control, or participated in 

the acts and practices of RLI, RLNU, MCO, JI, and ZCL that constitute the common 

enterprise. 

COMMERCE 

14. At all times material to this Complaint, Defendants RLI, RLNU, MCO, JI, 

ZCL, Juravin, and Whiting (collectively, “Defendants”) have maintained a substantial course 

of trade in or affecting commerce, as “commerce” is defined in Section 4 of the FTC Act, 15 

U.S.C. § 44. 

DEFENDANTS’ BUSINESS ACTIVITIES 

Defendants’ Products 

15. Defendants have advertised, marketed, promoted, offered for sale, sold, and 

distributed weight-loss products since at least 2009. These products have included Roca 

Labs “Formula” – which Defendants sometimes refer to as the “Mixture,” or “Silica” – 

(“Roca Labs Formula”) and Roca Labs “Anti-Cravings” (“Roca Labs Anti-Cravings”). The 

products are powders that Defendants suggest users mix with water or some other beverage 

and then drink. Defendants also suggest that users eat Roca Labs Formula as a gel. 

Defendants often market their weight-loss products to consumers who wish to lose a 

significant amount of weight (fifty or more pounds), and tout it as a safe and cost- effective 

alternative to gastric bypass surgery to achieve substantial weight loss and combat obesity. 

16. Defendants list the Roca Labs Formula ingredients as “Beta Glucan, Guar 

Gum, Xanthan Gum, Konjac, Inulin, Natural Color, Sucralose, Vitamin C, B6, B12, Fruit 

Flavor.” Defendants have displayed the label and described the Roca Labs Formula on their 

RocaLabs.com website as a “proprietary combination” of ingredients, including 

“quantitatively-strong, natural galactomannan and glucomannans ingredients, which are 

highly effective substances.” 

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17. Defendants list the Roca Labs Anti-Cravings ingredients as Beta Glucan and 

Fibersol®-2, and state: “FDA approved Beta Glucan helps lower cholesterol and blood 

pressure as part of a healthy diet for the heart. Used by Roca Labs to balance blood sugar 

levels and decrease desire for snacking. [C]ontrol your cravings for dramatic weight loss.” 

18. Defendants sell the Roca Labs products for at least $480 for a 3-4 months’ 

supply. Defendants’ revenues since 2010 are at least $20 million. 

Defendants’ Marketing and Product Claims 

19. Defendants have advertised, marketed, and promoted their products, including 

Roca Labs Formula and Roca Labs Anti-Cravings, through a variety of methods, including 

the websites RocaLabs.com, Mini-Gastric-Bypass.me, and others (“Roca Labs Websites”). 

Defendants frequently style different amounts or configurations of their products, or their 

use, as different “procedures,” such as “Gastric Bypass No Surgery” or “Gastric Bypass 

Alternative.” 

20. A substantial majority of Defendants’ product sales are generated through 

Roca Labs Websites. 

21. Defendants’ advertising and marketing have conveyed the core messages that: 

a. Roca Labs products cause users to reduce food intake dramatically and to lose 

substantial amounts of weight quickly, including as much as 21 pounds in one 

month, and as much as 100 pounds in seven to ten months; 

b. Users of Roca Labs products have a ninety-percent success rate in achieving 

substantial weight loss; 

c. Defendants’ products, including Roca Labs Formula and Roca Labs AntiCravings, are comparable or superior to bariatric surgery in providing weightloss benefits; and 

d. The efficacy of Roca Labs products for achieving substantial weight loss is 

scientifically proven. 

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Defendants’ Search and Social Media Advertising 

22. In numerous instances, Defendants have directed consumers to Roca Labs 

Websites using online advertising. Defendants have spent millions of dollars since at least 

2011 to serve online advertisements through Google, Yahoo, Bing, and Facebook, including 

text advertisements directed to consumers using the Google, Bing, and Yahoo search engines 

(“Search Ads”). 

23. For example, Google, Bing, and Yahoo searches for terms relating to Roca 

Labs, bariatric surgery, or weight loss, have led to the display of Defendants’ Search Ads, 

including: 

a. [Google, search term “Roca Labs,” March 24, 2015] 

b. [Google, search term “gastric bypass,” March 24, 2015] 

c. [Google, search term “lap band surgery cost,” March 24, 2015] 

d. [Google, search term “Roca Labs reviews,” March 24, 2015] 

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e. [Bing, search term “gastric sleeve,” March 25, 2015] 

f. [Bing, search term “Roca Labs,” March 25, 2015] 

g. [Yahoo, search term “Roca Labs,” March 26, 2015] 

h. [Yahoo, search term “gastric bypass surgery,” March 26, 2015] 

24. Defendants also advertise, market, and promote their products, and direct 

consumers to Roca Labs Websites, through: banner and text advertisements displayed on 

third-party websites and in third-party mobile applications; social media and video sites, 

including Facebook, Twitter, Pinterest, Google+, YouTube, and Vimeo; and via news 

releases that Defendants distribute or cause to be distributed. 

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Claims on Defendants’ Roca Labs Websites 

25. When clicking on Defendants’ online advertisements, accessing them through 

organic search results or social media sites, or typing the sites’ URLs directly into their 

browsers, consumers have been directed to pages on Roca Labs Websites. On these 

Websites, Defendants make a variety of representations about the purported effectiveness of 

Roca Labs products for weight loss. 

26. For example, Roca Labs Websites and Defendants’ other advertising and 

marketing materials have in numerous instances prominently featured this illustration to 

summarize how the Roca Labs Formula can be used to cause or help cause users to lose 

substantial amounts of weight: 

(Image from: Exhibit A at 1, https://rocalabs.com, May 11, 2015; and Exhibit 

A at 5, https://rocalabs.com/gastric-bypass-no-surgery, May 6, 2015.) 

27. Roca Labs Websites also have included the following representations: 

a. Roca Labs is the world’s strongest, most effective weight loss regimen based 

on the Gastric Bypass NO surgery and Anti-Cravings inventions. It can help 

people lose 100 lb or more without surgery. *Results may vary 

(From Exhibit A at 4, https://rocalabs.com/gastric-bypass-no-surgery, May 6, 

2015.) 

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b. How does it work? 

NEW: a dose of the Roca Labs formula is mixed with water and turns into 

350cc stomach-sized red mixture. Successful users report that when consumed 

in the morning, the Regimen creates a feeling akin to limiting functional 

stomach volume for the duration of your day. This result is achieved without 

surgical procedures, including cutting parts of the digestive system. 

With limited stomach volume, you eat much less. . . . Bariatric surgery does 

not eliminate your cravings; Roca Labs Anti-Cravings can reduce your urge 

for sweets and snacks and other foods that prevent your weight loss success 

enhancing the loss of an additional 5 to 8 pounds a month! Learn more 

(From Exhibit A at 4-5, https://rocalabs.com/gastric-bypass-no-surgery, May 

6, 2015.) 

c. How much weight can I expect to lose? 

The weight loss can be immediate with the Roca Labs’ regimen, just as if you 

had undergone a bariatric surgery, and within few days the cravings should be 

diminished significantly. Depending on your commitment to the 

recommended rules for suggested use, a loss of 21 lb a month is possible; 

however, realistically, it may take 7 to 10 months to lose 100 lb. 

(From Exhibit A at 5, https://rocalabs.com/gastric-bypass-no-surgery, May 6, 

2015.) 

d. No Menus, No Diet Restrictions 

Unlike weight loss pills or diet programs, Roca Labs® Formula does not 

require a strict menu or calorie restrictions. It practically FORCES you to 

eat HALF the food you ate before, so you will automatically lose weight 

without having to keep track of every calorie you consume. 

* * * * 

One reason the Formula is so successful is that you can continue to eat what 

you like, and without tracking everything you put in your mouth. You can 

still have a slice of chocolate cake or a bowl of ice cream, but with the gastric 

bypass effect, you’ll feel satisfied before you even finish it. You’ll eat the 

foods you want, but in smaller portions. 

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* * * * 

Instead of counting the calories you eat, let’s look at the calories you’ll 

automatically spare your body with Roca Labs® Formula. From day one, you 

will eat HALF the portions you are used to, and begin to burn more calories 

than you consume. . . . Many users eat as much as 2,000 fewer calories a day 

while using the Formula, which translates to 17 lbs. a month! 

(From Exhibit A at 11-12, https://rocalabs.com/faq/general/no-dietrestrictions, May 6, 2015.) 

e. GASTRIC BYPASS ALTERNATIVE 

100 to 200 lb Weight Loss for Men and Women 

Better, safer and cheaper than bariatric surgery, the Roca Labs regimen can 

limit your functional stomach volume and help you lose up-to 21 lb a month. 

Your addiction for sweets and snacks is crucial and surgery cannot resolve 

that issue. The Anti-Cravings formula can diminish your cravings, which can 

account for an additional 5 to 8 lb weight loss each month. Highly successful 

users lose 100 lb over 7 to 12 month period. Your full commitment is 

necessary along with a daily exercise routine. Losing even 20 lb will 

stimulate sex hormones, making you feel more vibrant and losing 50 lb can 

even add years to your life. 

*Result may vary – not typical or common and mostly depends on the user 

(From Exhibit A at 13; https://rocalabs.com/regimen/gastric-bypassalternative, May 6, 2015.) 

f. 90% Success Rate 

Roca LabsTM Natural Formula forces you to eat HALF 

The formula has been used in Europe for 6 years, and is scientifically proven 

to have a 90% success rate. It will always achieve a mini gastric bypass 

effect by PHYSICALLY occupying your stomach, leaving only a small 

limited stomach volume available for 10-16 hours. Then, with a smaller 

stomach size you will eat HALF, and can spare your body as much as 2,000 

unnecessary calories a day without feeling any urge for food – that equals 15 

lbs per month! 

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(From Exhibit B at 6, http://mini-gastric-bypass.me/answers/maximizingsuccess/90-success-rate, April 22, 2015.) 

g. Shrinking Stomach 

During a 3 to 6 month regimen, you will find that your stomach is “shrinking” 

in capacity and you are naturally are [sic] eating smaller quantities of food and 

refraining from fatty, unhealthy foods. Your use of the Silica® mixture will 

be diminishing in frequency and dose quantities throughout the Shrinking 

Stomach® process. 

With only 20% stomach available, you eat less and can lose 4-7 lbs/wk. 

(From Exhibit B at 9, http://mini-gastric-bypass.me/orders, March 27, 2015.) 

h. Can My Child Take the Formula? 

Many children have used the Formula successfully and safely. All active 

ingredients are 100% natural and based on healthy fibers. There are no known 

related risks from the Formula, but you must consult a doctor before you 

begin the procedure if you have any questions, and children should not take 

more than a low dose. 

(From Exhibit A at 18, http://rocalabs.com/faq/medical/weight-loss-for-kids, 

May 6, 2015.) 

i. Fighting child obesity 

As a parent, your child’s health and happiness are a top priority. Your child is 

overweight, and you’re probably aware of the many negative effects it can 

have on his or her life – both health-wise and socially. 

Roca Labs® Natural Formula can help your child lose weight safely and 

naturally. Its active ingredients are natural healthy fibers, and it’s safe for 

children ages 6 and up with a parent’s supervision. It works by physically 

expanding in the stomach to leave only a very limited space available for food 

intake. Throughout the day, your child will eat HALF the food they used to, 

without hunger. The Formula has almost no flavor and adapts to the taste of 

your child’s favorite non-carbonated, non-dairy drink. 

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(From Exhibit A at 18; http://rocalabs.com/faq/medical/weight-loss-for-kids, 

May 6, 2015.) 

28. Roca Labs Websites and social media pages also include videos describing the 

purported effectiveness of Roca Labs products for weight loss. Defendants’ representations 

about the products in these videos include: 

a. What is the Formula? Roca Labs’ Formula is a medical innovation that 

creates a natural gastric bypass effect in the stomach. It’s based on healthy 

fibers, and it’s classified as a food supplement. Just mix with water, take it 

each morning, and it immediately expands to physically fill your stomach. 

For the next 10 to 16 hours, only 20% of your stomach will be available for 

food intake. Your new, small stomach will force you to eat 50% less from 

day one. 

* * * * 

The Formula has been used in Europe for six years, and has a 90% success 

rate. Compared to gastric bypass surgery, the Formula is less risky, faster, 

healthier, and has almost no side effects or complications. And, at the low 

price of $480, it’s a fraction of the cost of gastric bypass surgery, which can 

be $8000 or more. The Formula also includes the unique ingredient, beta 

glucan, which balances blood sugar levels and fights your cravings for sweets 

and snacks, something that surgery isn’t capable of doing. You’ll not only eat 

less food without feeling hungry, you’ll eat healthier too. The Formula is 

kosher, and it’s manufactured in an FDA compliant facility, under GMP rules. 

(From https://rocalabs.com/gastric-bypass-no-surgery and 

https://rocalabs.com/faq/general/what-is-roca-labs-procedure - “What is the 

Roca Labs Procedure” video.) 

b. Well I’m sure you’re wondering, what is the success rate? Roca Labs’ 

Formula is scientifically proven to have a 90% success rate. It will always 

achieve a gastric bypass effect by physically occupying your stomach, leaving 

only 20% available space for 10-16 hours. You’ll eat 50% less, and can spare 

your body as much as 2,000 unnecessary calories a day without feeling any 

urge to overeat. That equals 15 pounds a month. 

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(From https://rocalabs.com/faq/general/roca-labs-success-rate, “What is the 

Success Rate?” video.) 

c. Sorry for being so direct, but you’ve been obese for a long time. Friends, and 

doctors, have advised you to do something about it. You don’t like the way 

you look, and your health is suffering. Your weight has affected your love 

life, self-esteem, and advancement in life. Of course you want to have a 

normal weight. Your willpower is strong. But you never had a strong enough 

weapon to defeat your over-eating disorder. You’ve probably tried 

everything: diets, pills, maybe exercise. Now you feel you have no choice 

but to do something extreme to turn your life around. You’ve thought about 

surgery, but worry about the complications, expense, and restrictions. 

* * * * 

Before choosing surgery, you should know that there is an alternative, a 

natural, healthy formula that creates an effect similar to a gastric bypass. 

Though the Formula is very strong, it doesn’t have the complications of 

surgery. 

* * * * 

The Formula contains an FDA-approved ingredient called beta glucan. Beta 

glucan has many benefits, including lowering cholesterol and blood pressure, 

and strengthening your immune system. But it also balances blood sugar 

levels, and this lowers or eliminates your need for sweets and snacks. 

(From https://rocalabs.com/regimen/gastric-bypass-alternative, “Fat is 

unhealthy and ugly. - Gastric Bypass Alternative ® can”.) 

29. Defendants’ pages on third-party sites, including YouTube.com and 

Facebook.com, also include weight-loss claims about their products, have repeated claims 

Defendants have made about their products on Roca Labs Websites, or linked to Defendants’ 

Roca Labs Website pages that make or have made such claims. For example, the top portion 

of a YouTube page with links to Defendants’ videos includes this ad: 

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(Image from www.youtube.com/user/RocaLabs, March 24, 2015.) 

30. The Roca Labs Websites include documents purporting to be authored by a 

doctor, or other medical professional, describing the health and weight reduction benefits of 

the Roca Labs products, and summarizing the scientific literature evidencing those benefits. 

31. Defendants have included on the RocaLabs.com website, accessible under a 

“Medical questions” link, a document titled “Letter to Your Doctor V1-Aug12,” with the 

subheading, “Health benefits and weight reduction in medical terms.” The “Letter to Your 

Doctor” has, at times, been attributed to “Dr. Ross, Director of Medical Team,” “Ross 

Finesmith, MD, Medical Consultant,” or “an independent medical consultant.” Defendants 

have included a similar document on the Mini-Gastric-Bypass.me website, under an “Ask the 

Doctor, Medical Evidence for Success” link. Among other statements, the “Letter to Your 

Doctor” and “Medical Evidence for Success” document describes Dr. Finesmith’s, or the 

“independent medical consultant’s,” experience with the Roca Labs Formula, and discusses 

the purported efficacy of the Roca Labs Formula for weight loss, including as follows: 

a. I am an independent medical consultant and I’m writing this letter to describe 

the weight management regimen from Roca Labs® that your patient is 

interested in. 

The Roca Labs Formula® is a mixture of natural ingredients that have been 

shown in multiple medical studies to provide euglycemic control, early and 

prolonged satiety, and a reduced desire to consume the amount of food your 

patient is currently eating. Although the ingredients are available separately, 

it is the proprietary combination that provides the greatest benefit. 

* * * * 

I am not an employee of Roca Labs and I have formed an independent 

conclusion based on the available medical information. I have had many 

patients on the Roca Labs Procedure and all have been satisfied with the 

immediate reduction in appetite, cravings and weight loss. I tried the formula 

myself and can confirm these findings. I hope you consider trying the Roca 

Labs Formula before prescribing risky medications or surgery. 

(From Exhibit A at 23-25, May 6, 2015.) 

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b. My research has not found any other weight loss that has the efficacy, or 

biological potential, to help those with obesity lose weight. This is why we 

can make the statement that “the Roca Labs Formula is probably the strongest 

weight loss pharmaceutical agent on the market today.” Successfully 

following the Roca Labs guidelines has consistently resulted in clients losing 

5% of their body weight every month. This is accomplished primarily by not 

feeling hungry and the severe reduction in cravings for snacks. Therefore, the 

clients calorie intake is reduced significantly. Most report a 50% reduction in 

the amount of food they eat. Those that exercise daily, experience even faster 

weight loss. 

* * * * 

There is considerable medical and scientific research to support the health and 

weight loss benefits of the active ingredients in the Roca Labs Formula. 

Below is a summary of the literature that supports the ingredients in the Roca 

Labs proprietary formula as effective in weight loss and additional health 

benefits. Please review and let me know if you have any questions. 

(From Exhibit B at 11-12, May 11, 2015.) 

32. None of the literature cited or summarized in the “Letter to Your Doctor” or 

the “Medical Evidence for Success” documents reports or describes any study or clinical trial 

of Roca Labs Formula or Roca Labs Anti-Cravings. Indeed, in the fine print of the “Terms 

and Conditions” on the RocaLabs.com website, Defendants indicate that their statements 

about their products’ efficacy are “based on the known activity of the specific ingredients” in 

the products and state: “No clinical study has been performed on this product.” In the 

“Letter to Your Doctor” and “Medical Evidence for Success” documents, however, 

Defendants reference the cited literature in a way that suggests that it constitutes convincing 

evidence of the weight-loss benefits Defendants claim consumers can achieve by using Roca 

Labs Formula or Roca Labs Anti-Cravings. 

33. Defendants have included in Roca Labs Websites medical images and 

terminology, and references suggestive of medical treatment and scientific research, 

including: 

 The company name, “Roca Labs”; 

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 Use of the caduceus symbol in versions of the Roca Labs logo, and in videos; 

 Videos featuring spokespersons wearing white lab coats; 

 Photos of persons wearing white lab coats and stethoscopes, and persons 

wearing white lab coats appearing to mix chemicals in a laboratory; 

 References to the Roca Labs “Medical Team”; 

 Reference to Roca Labs Formula as a “medical innovation”; 

 References in search ads to a “Research Center”; 

 Use of health insurance company names and logos and the offering of reduced 

prices to prospective purchasers who have medical insurance; 

 Requiring prospective purchasers to complete a “Health Application”; and 

 Use of the FDA logo, references to FDA “compliance” and “registration,” and 

to FDA approval of beta glucan. 

Defendants’ use of these images and terminology in their advertising and marketing fortify 

the net impression that the literature referenced in the “Letter to Your Doctor” and “Medical 

Evidence for Success,” and the purportedly numerous consumer testimonials (discussed 

below), scientifically establish the weight-loss benefits Defendants claim for Roca Labs 

Formula and Roca Labs Anti-Cravings. 

Defendants’ Use of Testimonials and Purported Third-Party Reviews 

34. Defendants also promote their products by touting “Success Videos,” 

purporting to show the weight-loss success numerous users have achieved using Roca Labs 

products. A Roca Labs Webpage discussing “Before and After Testimonials Videos” touts 

“Real Testimonials of 100,000 Users.” Defendants represent, on their websites and social 

media sites, that the content and quantity of these videos evidence the efficacy of 

Defendants’ products for weight loss, stating, “With so many success videos wherein people 

document an immediate gastric bypass effect without a surgery, it is evident that Roca Labs® 

procedure really works.” 

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35. Defendants solicit “Success Videos” from purchasers by offering to pay them 

up to fifty percent of their money back for providing videos documenting their weight loss: 

You can earn money back as a reward for losing weight. Simply document 

your weight loss from your starting weight to achieving your weight loss goal. 

Demonstrate your weight loss with smaller size clothing, using the Success 

Belt or show your body in a clear convincing way. When you achieve your 

weight loss goal and send us the video, you will receive Money Back Reward 

or up to $1,000.00 within 10 days conditional and based on: 

1. You must have passed the 3 stage goal 

2. Your documented success is inspirational & convincing 

3. Your claimed weight loss is evident in the “before & after” 

The weight loss goal for purchasers will vary by individual and the information they provide 

in Defendants’ Health Application, but the goal may be a substantial amount of weight. For 

example, the Defendants may assign to a person stating that they weigh approximately 240 

pounds a total “weight loss goal” of more than 120 pounds, with four intermediate goals in 

excess of 20 pounds each. 

36. Defendants set out criteria for videos they deem acceptable, and prescribe the 

types of positive comments it should include: 

In short, to get this reward, film yourself now, during and after you’ve reached 

your goal. The video should be about 10 minutes long, talk about your past 

eating problems, the ease of using the Program, how much weight you’ve lost 

and how your life has changed. You can tell us about improvements in your 

health, self-esteem, relationships and love life, and even compliments you’ve 

received about your new look. Your video must be real, convincing and of 

good quality. 

37. Other than some possibility of obtaining money-back rewards for submitting 

“Success Videos,” purchasers have few options to obtain money back for products they order 

from the Defendants due to Defendants’ general refusal to refund money once orders are 

deemed placed. 

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38. Neither the testimonial videos about weight loss resulting from use of 

Defendants’ products, nor the Roca Labs Websites, social media pages, or other 

advertisements that include or lead to them, adequately disclose that the persons depicted in 

the videos were offered or paid any compensation in exchange for their testimonial. 

39. In addition to the Roca Labs Websites described above, Defendants also post, 

or cause to be posted, purportedly objective or independent information favorably discussing 

Roca Labs products on one or more internet websites. For example, Defendants, or persons 

hired to work on behalf of Defendants, post testimonials or other information touting Roca 

Labs products on third-party blogging platforms or websites without disclosing their 

affiliation with Defendants. Defendants also operate the website Gastricbypass.me, which 

purports to offer information about bariatric surgery: 

Here at GastricBypass.me, we want every person who visits this site to know 

everything there is to know about bariatric surgery by providing the necessary 

tools. Throughout this site, we’ll offer articles with loads of information 

about each bariatric surgery, insurance information, surgeon information, 

alternatives to surgery and everything in between – we look forward to 

serving anyone seeking answers before undergoing surgery. 

(From Exhibit C at 1; http:\\Gastricbypass.me, April 3, 2015.) 

40. Gastricbypass.me includes, among other content, a lengthy “Surgery Failures” 

page, and a “Surgical Alternatives” page. The “Surgical Alternatives” page is devoted to 

discussing favorably the “Roca Labs Surgery Alternative® Solutions.” The Roca Labs 

products are the only surgical “alternative” the site discusses. For example, the page states 

that its authors have “challenged the company’s claim to a ‘90% success rate’ by checking 

some of the 654,000 video results we got when searching for, ‘YouTube Roca Labs’.” The 

“Surgery Alternatives” page embeds videos also found on RocaLabs.com. It states that “[i]n 

97% of the videos provided, evidence that the surgical alternative is successful is evident 

from day one. With some averaging weight loss of 0.5 to 1 pound per day, the Roca Labs 

Surgery Alternative® Solution is quite impressive.” It further states that the site’s “panel of 

experts” say that the Roca Labs claims are trustworthy “for the most part,” and that the Roca 

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Labs “[m]edical claims are correct, FDA regulations are observed, but not all the articles on 

the site are updated.” (From Exhibit C at 2-3, http:\\gastricbypass.me\surgical-alternatives, 

April 3, 2015). There is no disclosure on the GastricBypass.me site that it is operated by the 

Defendants, is affiliated with RLI or RLNU, or that the site’s owners or operators sell Roca 

Labs products. 

Defendants’ Purchase Process 

41. Defendants advertise that a “Basic” package of their products, for “Up to 80 

lbs to lose,” costs $480 (in a single payment) for purchasers with “valid health insurance,” 

including a “3-4 months supply” of Roca Labs Formula and an approximately three-month 

supply of Roca Labs Anti-Cravings. Purchasers also are given the option to pay in 

installments. Defendants charge non-insured consumers $640 for the same package. 

Defendants advertise other packages featuring larger quantities of product and greater levels 

of customer service, for higher prices, and indicate that larger quantities of product can 

cause, or help cause, weight loss of more than 120 pounds. Defendants’ web pages 

describing the price of Roca Labs products have prominently featured the names and logos of 

multiple insurance companies and emblems of branches of the United States military. 

42. To purchase the products via Defendants’ Roca Labs Websites, consumers 

must enter information through “Qualify & Order” pages on the sites. The first screens 

presented include videos about the “qualification” process. Defendants’ “Qualify & Order” 

pages have stated that the information consumers provide will be kept confidential and will 

not be shared. Exhibit A at 28. 

43. Prospective purchasers must enter personal information on one or more forms, 

including the Defendants’ “Health Application.” Prospective purchasers must enter their full 

name, gender, age, weight, height, and insurance carrier. Purchasers then are prompted to 

watch a video and to respond to Defendants’ Health Application questions about various 

conditions, including issues with cholesterol, high blood pressure, diabetes, and digestion. 

The Health Application also prompts prospective purchasers to give information about 

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psychological or emotional issues relating to their weight, including past weight-loss failures, 

depression, and binge eating. 

44. After entering shipping, order, and billing information, purchasers must check 

a box next to a statement, which reads in part, “I have read and agree to the terms, privacy, 

and money back reward / return policy[.]” The “terms” and other referenced documents are 

accessible at that point via hyperlinks in the words, but are not presented in the purchase 

process otherwise. 

45. When Defendants ship their products to purchasers, they enclose with the 

package items used to measure and mix Roca Labs Formula, a “Success Belt” tape measure, 

and documents titled “Thanks for purchasing Roca Labs®,” “Summary Suggested Use,” and 

“Roca Labs Procedure Rules & Diet.” Among other statements, the “Summary” document 

reiterates that Defendants “will not share your private information with anyone” and states 

that “[o]nce purchased and shipped, [RLNU] products cannot be returned and NO refunds 

will be given.” The “Thanks for purchasing” insert warns purchasers that “[t]here are NO 

returns or refunds as stated on RocaLabs.com/Terms.” It further states that installment 

payments cannot be cancelled or disputed, and that users who do so may face legal action 

and charges of $3500 or more. 

46. The “Roca Labs Procedure Rules & Diet” insert states that the “Rules & Diet 

MUST BE FOLLOWED ENTIRELY while using the procedure unless any rule 

compromises your health or is not approved by your doctor, as stated in the Terms.” The 

first “rule” listed is: “Limited Eating IntervalTM between 11am and 8pm ONLY.” “You may 

choose any 9 hour interval for your daily food consumption. No deviation is allowed. 

Before 11am, you may have a healthy snack limited to 100 calories. Between 8-10pm, you 

may snack on vegetables like carrots, celery or occasionally, low calorie popcorn.” Among 

other instructions, purchasers are advised: “To maintain the gastric bypass effect, drink at 

least six 1⁄2 liter bottles of water a day.” Purchasers are advised to “[e]xercise to shock your 

body,” and that “Roca Labs’ procedure requires that you exercise 5+ times a week. If 

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necessary, start slowly and gradually increase to at least 30 minutes daily.” Purchasers are 

also urged to “video document [their] success” once a week, including “evidence of weight 

loss,” to get “up to 50% Money Back.” The insert states that purchasers “have 73% more 

chance to succeed when” they visually document their progress. Aside from its inclusion in 

shipped packaging, the “Roca Labs Procedure Rules & Diet” insert is only accessible to 

prospective purchasers on Roca Labs Websites via a “Support” link. 

Defendants’ Gag Clauses and Legal Threats 

47. Defendants have warned purchasers, through package inserts included in 

product shipments, that they agreed not to write any negative reviews about the Defendants 

or their products and would owe Defendants hundreds of dollars should they do so. 

Defendants have also issued legal threats and filed lawsuits against complaining purchasers, 

alleging that the purchasers would violate or had violated the “Terms and Conditions” to 

which they purportedly agreed when ordering Defendants’ products (the “Terms”). These 

threats and lawsuits have included allegations that purchasers would violate or had violated 

provisions in the Terms purporting to prohibit purchasers from publishing disparaging 

comments about Roca Labs or its products (“Gag Clause(s)”). These practices, described 

more fully below, have caused or are likely to cause purchasers to refrain from commenting 

negatively about the Defendants or their products. By depriving prospective purchasers of 

this truthful, negative information, Defendants’ practices have resulted or are likely to result 

in consumers buying Roca Labs products they would not otherwise have bought. 

48. The Terms are accessible to prospective purchasers via hyperlinks on Roca 

Labs Websites. The restrictions set forth in the Gag Clauses are disclosed to prospective 

purchasers during the Roca Labs product purchase process only in the Terms. Defendants 

have used multiple versions of the Terms that include Gag Clauses, including the versions 

attached as Exhibits D-G, since at least September 2012. 

49. Versions of the Terms used since December 2014 include a Gag Clause 

purporting to prohibit purchasers from disparaging Roca Labs, its products, and its 

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employees, regardless of the purchasers’ outcomes. The Terms have also purported to 

require purchasers to pay the “full price” should the purchaser breach the Gag Clause or 

other provisions of the Terms: 

You agree that regardless of your personal experience with RL, you 

will not disparage RL and/or any of its employees, products or 

services. This means that you will not speak, publish, cause to be 

published, print, review, blog, or otherwise write negatively about RL, 

or its products or employees in any way. This encompasses all forms 

of media, including and especially the internet. This paragraph is to 

protect RL and its current and future customers from the harm of 

libelous or slanderous content in any form, and thus, your acceptance 

of the [Terms] prohibits you from taking any action that negatively 

impacts RL, its reputation, products, services, management, or 

employees. We make it clear that RL and its Regimen may not be for 

everyone, and in that regard, the foregoing clause is meant to prevent 

“one person from ruining it for everyone.” Should any customer 

violate this provision, as determined by RL in its sole discretion, you 

will be provided with seventy-two (72) hours to retract the content in 

question. If the content remains, RL would be obliged to seek all legal 

remedies to protect its name, products, current customers, and future 

customers. 

If you breach this Agreement, as determined by RL in its sole 

discretion, all discounts will be waived and you agree to pay the full 

price for your product. In addition, we retain all legal rights and 

remedies against the breaching customer for breach of contract and 

any other appropriate causes of action. 

(From Exhibit D at 8-9). 

50. Versions of the Terms Defendants used prior to December 2014 also included 

similar Gag Clauses and legal sanctions for breach, including paying the purported full 

product price. Exhibits E-G. 

51. The Terms Defendants have used since December 2014 (Exhibit D at 7) state 

that “[t]he full price for your custom Regimen and RL support is $1580” and that purchasers 

agree to the Gag Clause, and to promote Roca Labs and its products, in exchange for a 

“discount” (i.e., the $480 advertised price). This purported “full price” is not revealed to 

potential purchasers except in the Terms. Previous versions of the Terms (Exhibits E-G) had 

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also stated that the “full price” for the Roca Labs products and support is $1580, and 

characterized the lower, advertised prices that purchasers had actually been charged as 

“conditional,” “discounted,” or “subsidized” prices afforded to purchasers in exchange for 

their agreement to the Gag Clause and to other provisions in the Terms. An August 2014 

court filing on behalf of RLI, verified by Juravin, asserts that the “discount price” for Roca 

Labs products is “optional,” but that “99%” of purchasers agree to the Terms in exchange for 

the “discount price.” 

52. A version of the Terms Defendants used prior to December 2014 (Exhibit E at 

9-10) provided that Defendants, in the event a purchaser violated the Gag Clause, had the 

right to sue purchasers for an injunction, immediately bill them for $3500 in court costs and 

legal fees until they are determined in court, and immediately revoke all “discounts” that 

purchasers purportedly received. This version of the Terms further provided that Defendants 

could, after thirty days, report any such charge that remained unpaid to consumer reporting 

agencies, and forward the unpaid charges to a collection agency. This version of the terms 

also provided that Defendants could require purchasers who violated the Gag Clause to 

execute a notarized affidavit stating that their “disparaging remarks or review contained 

factually inaccurate material, was incorrect and breached [the Terms].” A version of the 

Terms used from approximately September 2012 into mid-2014 (Exhibit G at 10) provided 

that the purchaser further agreed that “any report of any kind on the web will constitute 

defamation/slander,” and agreed “to a predetermined compensation of $100,000. You agree 

and understand that you can not [sic] talk badly about the Formula because of any frustration 

you might have with the support department or your misunderstanding.” 

53. Defendants also send purchasers a two-page, large-print “Summary” of the 

Terms with their orders. The summary states, in pertinent part: 

Discount Policy. We believe in our customers and that word of mouth 

is the best promotion. We are here to help you. You were given a 

discount off the unsubsidized price of $1580 in exchange for your 

agreement to promote our products and when possible share your 

weight loss success with us (keep the youtube videos coming). As 

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part of this endorsement you also agree not to write any negative 

reviews about RLN or our products. In the event that you do not 

honor this agreement, you may owe immediately the full price of 

$1,580. 

(From Exhibit H at 2 (emphasis in original).) 

54. In numerous instances, Defendants have threatened to sue, for breach of the 

Gag Clauses, purchasers who stated that they had or would complain to third parties, such as 

the Better Business Bureau, or post negative comments about Defendants, their products, or 

their employees on internet websites. Defendants have also threatened complaining 

purchasers who have sought refunds by telling them that they would be subject to liability for 

extortion or defamation for threatening to post, or posting, truthful negative reviews about 

the Defendants, their products, or employees, or that their “discounts” would be revoked and 

that they would owe Defendants the “full” price of the Defendants’ products. 

55. Defendants in some instances have filed lawsuits against purchasers who have 

posted such negative comments, alleging breach of the Gag Clauses. Defendants also have 

sued, for allegedly inducing purchasers to breach the Gag Clauses, a company that runs an 

online site that allows consumers to post complaints about businesses, including the 

Defendants’ business, online. 

56. Lawsuits the Defendants have filed against purchasers have included, and 

made public, information those purchasers provided in response to the Defendants’ Health 

Application. Defendants also have disclosed information purchasers submitted in response to 

the Defendants’ Health Application to credit card processors and banks in disputes with 

purchasers over credit card chargebacks. 

VIOLATIONS OF THE FTC ACT 

57. Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), prohibits “unfair or deceptive 

acts of practices in or affecting commerce.” 

58. Misrepresentations or deceptive omissions of material fact constitute 

deceptive acts or practices prohibited by Section 5(a) of the FTC Act, 15 U.S.C. § 45(a). 

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59. Section 12 of the FTC Act, 15 U.S.C. § 52, prohibits the dissemination of any 

false advertisement in or affecting commerce for the purpose of inducing, or which is likely 

to induce, the purchase of food, drugs, devices, services, or cosmetics. For the purposes of 

Section 12 of the FTC Act, 15 U.S.C. § 52, Roca Labs “Formula,” and Roca Labs “AntiCravings” are either “foods” or “drugs” as defined in Sections 15(b) and (c) of the FTC Act, 

15 U.S.C. §§ 55(b) and (c). 

60. Acts or practices are unfair under Section 5 of the FTC Act if they cause or 

are likely to cause substantial injury to consumers that consumers themselves cannot 

reasonably avoid and that is not outweighed by countervailing benefits to consumers or 

competition. 15 U.S.C. § 45(n). 

COUNT I 

DECEPTIVE WEIGHT-LOSS CLAIMS 

61. Through the means described in Paragraphs 15-43, Defendants have 

represented, expressly or by implication, that: 

a. Use of Defendants’ products, including Roca Labs Formula and Roca Labs 

Anti-Cravings, enables the user to reduce food intake by fifty percent and to 

lose substantial amounts of weight quickly, including as much as 21 pounds in 

one month, and as much as 100 pounds in seven to ten months; 

b. Ninety percent of users of Defendants’ products, including Roca Labs 

Formula and Roca Labs Anti-Cravings, will lose substantial amounts of 

weight; 

c. Defendants’ products, including Roca Labs Formula and Roca Labs AntiCravings, are comparable or superior to bariatric surgery in providing weightloss benefits; and 

d. Defendants’ products, including Roca Labs Formula and Roca Labs AntiCravings, are safe and effective for weight loss in children as young as six 

years old. 

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62. The representations set forth in Paragraph 61 are false or misleading, or were 

not substantiated, at the time the representations were made. 

63. Therefore, the making of the representations set forth in Paragraph 61 

constitutes a deceptive act or practice and the making of false advertisements, in or affecting 

commerce, in violation of Sections 5(a) and 12 of the FTC Act, 15 U.S.C. §§ 45(a) and 52. 

COUNT II 

FALSE ESTABLISHMENT CLAIM 

64. Through the means described in Paragraphs 15-43, Defendants have 

represented, expressly or by implication, that use of Defendants’ products, including Roca 

Labs Formula and Roca Labs Anti-Cravings, is scientifically proven to have a ninety-percent 

success rate in forcing users to eat half their usual food intake and cause substantial weight 

loss. 

65. In fact, use of Defendants’ products, including Roca Labs Formula and Roca 

Labs Anti-Cravings, is not scientifically proven to have a ninety-percent success rate in 

forcing users to eat half their usual food intake and cause substantial weight loss. 

66. Therefore, the representation set forth in Paragraph 64 is false or misleading, 

and constitutes a deceptive act or practice and the making of false advertisements, in or 

affecting commerce, in violation of Sections 5(a) and 12 of the FTC Act, 15 U.S.C. §§ 45(a) 

and 52. 

COUNT III 

UNFAIR USE OF NON-DISPARAGEMENT PROVISIONS 

67. As described in paragraphs 15-45 and 47-55, in numerous instances, 

Defendants have used in the sale of their products, and purported to bind purchasers to, 

contractual provisions that prohibit purchasers from speaking or publishing truthful or nondefamatory negative comments or reviews about the Defendants, their products, or their 

employees. 

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68. Defendants’ practices as described in paragraph 67 have caused or are likely 

to cause substantial injury to consumers that is not reasonably avoidable by consumers and 

that is not outweighed by countervailing benefits to consumers or competition. 

69. Defendants’ practices as described in paragraph 67 therefore constitute unfair 

acts or practices in violation of Section 5 of the FTC Act, 15 U.S.C. § 45(a) and (n). 

COUNT IV 

MISREPRESENTATIONS ABOUT GASTRICBYPASS.ME 

70. Through the means described in Paragraphs 39-40, Defendants have 

represented, expressly or by implication, that Gastricbypass.me is an independent, objective 

resource for research and information related to bariatric surgery and alternatives to bariatric 

surgery for weight loss, and about Roca Labs products. 

71. In fact, Gastricbypass.me is not an independent, objective resource for 

research and information related to bariatric surgery and alternatives to bariatric surgery for 

weight loss, or about Roca Labs products. 

72. Therefore, the representation set forth in Paragraph 70 is false or misleading, 

and constitutes a deceptive act or practice and the making of false advertisements, in or 

affecting commerce, in violation of Section 5(a) of the FTC Act, 15 U.S.C. § 45(a). 

COUNT V 

FAILURE TO DISCLOSE MATERIAL CONNECTIONS 

73. Through the means described in Paragraphs 34-40, Defendants have 

represented, expressly or by implication, that: 

a. persons who have posted or provided testimonials or other information about 

Defendants’ products, including Roca Labs Formula and Roca Labs AntiCravings, are satisfied users of the products; and 

b. Gastricbypass.me provides research and information related to bariatric 

surgery and alternatives to bariatric surgery for weight loss, including an 

alternative sold by Roca Labs. 

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74. In numerous instances in connection with these endorsements, Defendants 

failed to disclose, or disclose adequately, that: 

a. Defendants promised or paid the persons referred to in their advertising 

financial compensation or other incentives for their testimonials or other 

postings about Defendants’ products; and 

b. Defendants own or operate Gastricbypass.me, and sell Roca Labs Formula 

and Roca Labs Anti Cravings. 

This additional information would be material to consumers in deciding to purchase and use 

Defendants’ products, including Roca Labs Formula and Roca Labs Anti-Cravings. 

75. Defendants’ failure to disclose the material information described in 

Paragraph 74, in light of the representations described in Paragraph 73, constitutes a 

deceptive act or practice and the making of false advertisements, in or affecting commerce, in 

violation of Section 5(a) of the FTC Act, 15 U.S.C. § 45(a). 

COUNT VI 

DECEPTIVE PRIVACY CLAIM 

76. Through the means described in Paragraphs 41-45, Defendants have 

represented, expressly or by implication, that Defendants keep confidential and do not 

disclose consumer information, including health information, submitted in the purchasing 

process. 

77. In fact, Defendants disclose or have disclosed in public court filings, and to 

payment processors and banks, consumer health information submitted in the purchasing 

process. 

78. Therefore, the representation set forth in Paragraph 76 is false or misleading, 

and constitutes a deceptive act or practice, in or affecting commerce, in violation of Section 

5(a) of the FTC Act, 15 U.S.C. § 45(a). 

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COUNT VII 

DECEPTIVE DISCOUNT CLAIM 

79. Through the means described in Paragraphs 47-56, Defendants have 

represented, expressly or by implication, that purchasers have agreed to pay the difference 

between the purported “discount” price charged and the purported “full price” if they post 

negative comments or reviews about the Defendants, their products, or employees. 

80. In fact, purchasers have not agreed to pay the difference between the 

purported “discount” price charged and the purported “full price” if they posted negative 

reviews about the Defendants or their products. 

81. Therefore, the representation set forth in Paragraph 79 is false or misleading, 

and constitutes a deceptive act or practice, in or affecting commerce, in violation of Section 

5(a) of the FTC Act, 15 U.S.C. § 45(a). 

CONSUMER INJURY 

82. Consumers have suffered and will continue to suffer substantial injury as a 

result of Defendants’ violations of the FTC Act. In addition, Defendants have been unjustly 

enriched as a result of their unlawful acts or practices. Absent injunctive relief by this Court, 

Defendants are likely to continue to injure consumers, reap unjust enrichment, and harm the 

public interest. 

THIS COURT’S POWER TO GRANT RELIEF 

83. Section 13(b) of the FTC Act, 15 U.S.C. § 53(b), empowers this Court to 

grant injunctive and such other relief as the Court may deem appropriate to halt and redress 

violations of any provision of law enforced by the FTC. The Court, in the exercise of its 

equitable jurisdiction, may award ancillary relief, including rescission or reformation of 

contracts, restitution, the refund of monies paid, and the disgorgement of ill-gotten monies, to 

prevent and remedy any violation of any provision of law enforced by the FTC. 

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PRAYER FOR RELIEF 

84. WHEREFORE, Plaintiff FTC, pursuant to Section 13(b) of the FTC Act, 15 

U.S.C. § 53(b), and the Court’s own equitable powers, requests that the Court: 

A. Enter a temporary, preliminary, and permanent injunction to prevent future 

violations of the FTC Act by Defendants; 

B. Award such relief as the Court finds necessary to redress injury to consumers 

resulting from Defendants’ violations of the FTC Act, including, but not limited to, rescission 

or reformation of contracts, restitution, the refund of monies paid, and the disgorgement of 

ill-gotten monies; and 

C. Award Plaintiff the costs of bringing this action, as well as such other and 

additional relief as the Court may determine to be just and proper. 

 Respectfully submitted, 

 JONATHAN E. NUECHTERLEIN 

 General Counsel 

Dated: February 18, 2016 /s/ Carl H. Settlemyer, III

 CARL H. SETTLEMYER, III (Trial Counsel) 

 PAUL B. SPELMAN

 Federal Trade Commission

 600 Pennsylvania Avenue, NW 

 Mail Drop CC-10528 

 Washington, DC 20580 

 (202) 326-2019, -2487 (Tel.) 

 (202) 326-3259 (Fax) 

 csettlemyer@ftc.gov 

 pspelman@ftc.gov 

 Attorneys for Plaintiff Federal Trade Commission 

32