Armstrong, FRS Products False Advertising Class Action Lawsuit

A class action lawsuit filed in California claims Lance Armstrong deceived consumers into purchasing his endorsed sports supplement products based on misleading advertisements that they were his “secret weapon” to his success as a cyclist.

Lead plaintiff Robert Martin alleges in the class action lawsuit that he and other consumers purchased FRS energy and sports drinks, concentrates, chews and powders endorsed by Lance Armstrong and marketed by FRS Co. based on false advertisements that the products helped contribute to Armstrong’s multiple Tour de France wins.

Armstrong admitted in January to using performance-enhancing drugs during a televised interview with Oprah Winfrey, despite vehemently denying during the Class period he ever used illegal or banned substances.

“FRS conceived of a marketing plan that not only leveraged defendant Armstrong’s athletic fame to sell FRS products but inexorably linked defendant Armstrong’s accomplishments to the use of FRS products,” Martin says in the class action lawsuit.

If it wasn’t for the defendant’s false and misleading advertisements, consumers “would not have purchased FRS products or would, at minimum, have paid less for FRS products,” the class action lawsuit says.

Martin says Armstrong’s admission proved that his Tour de France titles and “extraordinary strength, speed, energy and endurance” that were advertised as being linked to the FRS products were instead the result of his systemic and illegal use of banned performance-enhancing drugs and human growth hormones.

A similar class action lawsuit was filed in January by consumers who say they would not have purchased Armstrong’s “nonfiction” books if they had known the true facts concerning his misconduct and admitted involvement in a sports doping scandal.

The Armstrong FRS class action lawsuit is brought on behalf of anyone who purchased FRS products based on Armstrong’s endorsement. It is seeking injunctive relief as well as punitive damages for claims of false advertising, unfair competition and breach of warranty.

The case is Martin v. FRS Co. et al., Case No. 13-cv-01456, U.S. District Court for the Central District of California.

Martin is represented by Nye Peabody Stirling Hale & Miller LLP and Del Sole Cavanaugh Stroyd LLC.

UPDATE: A California federal judge has dismissed the class action lawsuit with leave to amend.