Gregory J. Sater published "FTC Says You Can't 'Gag' Truthful Negative Consumer Reviews" in DRMA's The Voice on October 13, 2015. The article discusses a recent case filed by the Federal Trade Commission against a marketer doing business as Roca Labs for making unsubstantiated weight-loss claims for a supplement that promised weight-loss results that would be similar to having gastric bypass surgery – but without the surgery. Roca Labs' "terms and conditions" contain a non-disparagement clause that requires customers to not say anything negative about the product. The FTC's message is that you cannot "gag" customers and prevent them from criticizing you or your product. Customers are free to say something negative if it is true, and their rights are not relinquished no matter what language you use in your "terms and conditions" or whether you gave them a discount on the purchase price. They also pointed out that before you post a positive review from a customer, you must disclose clearly and conspicuously whatever material connections exist between you and the customer.
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