The key misleading marketing claim? Lance Armstrong’s record. The disgraced cyclist, a longtime investor, board member, and face of the FRS brand, claimed that many of his accomplishments were a result of his using FRS nutritional products. Armstrong, FRS, and lead investor Oak Investment Partners are named as defendants in the suit.
As most readers of, well, any language are aware at this point, Armstrong has admitted that he was using illegal performance-enhancers that went a long way beyond an FRS chew.
According to lead plaintiff Robert Martin, much of FRS’ advertising using Armstrong indicated that the cyclist was a 7-time Tour de France winner — he was recently stripped of his titles — and that FRS had given him an edge. The initial complaint is littered with statements from Armstrong about that edge, as it’s called “a key part of my daily fitness routine,” and “the choice for me.”
“But for Defendants’ false and misleading advertisements,” the suit reads, “consumers… would not have purchased FRS products or would, at a minimum, have paid less for FRS products.”
The complaint doesn’t name the amount of damages requested, although indicated that the advertising allowed the defendants to “wrongfully siphon millions of dollars from the Class.”
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