Case 8:15-cv-02231-MSS-TBM Document 1 Filed 09/24/15 Page 1 of 31 PageID 1

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA

FEDERAL TRADE COMMISSION,

Case No. ___________

Plaintiff,
COMPLAINT FOR PERMANENT
INJUNCTION AND OTHER
EQUITABLE RELIEF

v.
ROCA LABS, INC., a corporation;
ROCA LABS NUTRACEUTICAL USA,
INC., a corporation;

INJUNCTIVE RELIEF SOUGHT

DON JURAVIN, individually and as an
officer of Roca Labs, Inc. and Roca Labs
Nutraceutical USA, Inc.; and
GEORGE C. WHITING, individually and
as an officer of Roca Labs, Inc., and Roca
Labs Nutraceutical USA, Inc.
Defendants.
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
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

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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).
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

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“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 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, and has been an owner of and “Vice President and Director of
Marketing” for RLI. From 2009 through the present, Juravin has exercised authority and
control over RLNU and RLI’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 and RLNU, including corporate and administrative work, and
some distribution of Roca Labs products to consumers, from his personal residence in this

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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 also, at times relevant to this Complaint, has
controlled and served as an officer of Juravin, Inc., a Florida corporation that owns various
federally registered trademarks, including GASTRIC BYPASS NO SURGERY, used by the
Defendants in connection with the advertising, marketing, promotion, and sale of their
dietary supplements and food products. Juravin has also served as a representative of Zero
Calorie Labs, Inc., a Florida corporation that has claimed to have hired personnel to perform
services on behalf of RLI and Juravin. Juravin transacts and, in connection with the matters
alleged herein, has transacted business in this district and throughout the United States.
9.

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
Zero Calorie Labs, Inc., a Florida corporation that has claimed to have hired personnel to
perform services on behalf of RLI and Juravin. Whiting transacts and, in connection with the
matters alleged herein, has transacted business in this district and throughout the United
States.
10.

Defendants RLI and RLNU 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

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common control, officers, business functions, employees, and office locations. Because
these defendants have operated as a common enterprise, each of them is 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 and RLNU that constitute the common enterprise.
COMMERCE
11.

At all times material to this Complaint, Defendants RLI, RLNU, 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
12.

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.
13.

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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14.

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.”
15.

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
16.

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.”
17.

A substantial majority of Defendants’ product sales are generated through

Roca Labs Websites.
18.

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
19.

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”).
20.

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]

21.

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
22.

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.
23.

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.)
24.

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 Labs™ 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.)
25.

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”.)
26.

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.)
27.

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.
28.

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.)
29.

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.
30.

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
31.

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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32.

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.
33.

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.
34.

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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35.

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.
36.

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.)
37.

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
38.

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.
39.

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.
40.

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.
41.

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.
42.

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.
43.

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 ½ 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
44.

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.
45.

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.
46.

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).
47.

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.
48.

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.”
49.

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.”
50.

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).)
51.

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.
52.

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.
53.

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
54.

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

acts of practices in or affecting commerce.”
55.

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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56.

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).
57.

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
58.

Through the means described in Paragraphs 12-40, 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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59.

The representations set forth in Paragraph 58 are false or misleading, or were

not substantiated, at the time the representations were made.
60.

Therefore, the making of the representations set forth in Paragraph 58

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
61.

Through the means described in Paragraphs 12-40, 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.
62.

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.
63.

Therefore, the representation set forth in Paragraph 61 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
64.

As described in paragraphs 12-42 and 44-52, 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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65.

Defendants’ practices as described in paragraph 64 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.
66.

Defendants’ practices as described in paragraph 64 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
67.

Through the means described in Paragraphs 36-37, 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.
68.

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.
69.

Therefore, the representation set forth in Paragraph 67 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
70.

Through the means described in Paragraphs 31-37, 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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71.

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.
72.

Defendants’ failure to disclose the material information described in

Paragraph 71, in light of the representations described in Paragraph 70, 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
73.

Through the means described in Paragraphs 38-42, 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.
74.

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.
75.

Therefore, the representation set forth in Paragraph 73 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
76.

Through the means described in Paragraphs 44-53, 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.
77.

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.
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).
CONSUMER INJURY
79.

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
80.

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
81.

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: September 24, 2015

/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

31