Faced with a class-action lawsuit alleging that the company’s ties to disgraced cyclist Lance Armstrong resulted in false advertising, FRS today issued a statement furiously denying the claims and vowing to fight the case.
The lawsuit, which was filed last week, centers on Armstrong’s admission that he used illegal performance-enhancing drugs (PEDs) during his time as an endorser of FRS products. The suit alleges that consumers were misled to believe that Armstrong’s athletic accomplishments were a result of his use of FRS nutritional products. The plaintiffs claim that consumers would not have purchased the company’s drinks and energy chews had they known that it was actually PEDs that gave him a significant edge.
FRS, which last October severed ties with Armstrong, called the lawsuit “completely ludicrous,” and said that the case “could serve as the poster child for the need for legal reform of abusive class action litigation.”
“Unfortunately, the food industry has become the target of class action lawyers hoping to extract settlements from companies and their investors,” FRS said.
This is the second class-action to hit FRS this year. In January, the company was sued by a plaintiff who claims that its Healthy Slim product line does not actually work as advertised in contributing to weight loss and appetite suppression.
Here is the company’s statement in full:
The FRS Company Issues Statement in Response to Lawsuit
SAN MATEO, Calif., March 5, 2013 /PRNewswire/ — The FRS Company today issued the following statement:
On March 1, we were informed of a potential class action suit against The FRS Company, alleging that we engaged in false advertising as a result of our affiliation with Lance Armstrong . We find the lawsuit to be frivolous and we plan to defend ourselves vigorously.
Here are the facts:
Lance’s admission surprised us, along with millions of his fans. To accuse FRS of false advertising due to its affiliation with Mr. Armstrong while we had no knowledge of his actions is completely ludicrous. Lance believed in FRS products, and used them as part of his daily training regimen, as do many other elite athletes. Unfortunately, the food industry has become the target of class action lawyers hoping to extract settlements from companies and their investors. This case could serve as a “poster child” for the need for legal reform of abusive class action litigation.
We proudly stand by the healthy efficacy of our products, along with nutritionists, academics, and professional athletes.
Lt. Colonel (Ret) Bill Jacobus , Managing Director of the US Military Cycling Team
“We believe strongly in FRS products, and we use them as part of the training regimen for all of our riders. FRS is made with healthy ingredients and provides the natural, sustained energy our riders need to perform at their best.”
Mark Davis , PhD, Professor, Department of Exercise Science, University of South Carolina
“Quercetin, one of the key ingredients in FRS, has been proven in rigorous academic studies—double-blind, placebo controlled, crossover studies—to show significant increases in energy, athletic performance, mental acuity, and immune system support. In a world where so many products are based on nothing more than marketing hype, it’s nice to see companies using ingredients that deliver genuine, scientifically proven benefits.”
Rikki Keen , MS, RD, CSSD, CSCS, University of Alaska, Nutrition & Dietetics/Human Performance Lab
As a registered dietitian working in the area of clinical and sports dietetics, I recommend FRS products to my clients with confidence. There are numerous risky products on the market that use unproven ingredients and have many unknown health effects. I cannot take chances on hype, I endorse FRS ingredients 100%, based on clinical evidence for effectiveness and safety.
Have news? Have a new product? Tell us