Lance Armstrong has won another fraud lawsuit as a Los Angeles judge threw out claims of illegal false advertising on the part of the cyclist. Armstrong condoned FRS energy products, stating they were his recipe for success.
The controversial cyclist was sued by a group
of FRS consumers over claims that the company and Armstrong mislead them into purchasing their products. The group was seeking over $5 million.
The lawsuit pointed out how Armstrong’s true secret to success was not in fact the energy products but rather doping. Plaintiffs in the lawsuit said that if they had known the truth behind Armstrong’s success, they would
have never bought the energy products.
The judge disagreed with the consumers, ruling that the statements about FRS being Armstrong’s secret weapon was puffery. The term refers to the idea that companies can legally make exaggerated subjective claims about their products and still avoid liability for literal meanings.
FRS and Armstrong decided to end their relationship once doping evidence grew against the cyclist in 2012. He was the company’s former spokesman and part owner before the doping scandal came to light.