By Oliver Herzfeld, Contributor Following cyclist Lance Armstrong’s recent, but less than fully contrite, admission to Oprah Winfrey that for more than a decade he (i) used performance enhancing drugs, and (ii) repeatedly made false public statements denying that he did so, on January 22, 2013, a federal class-action lawsuit was filed in California against Armstrong and his book publishers, Penguin and Random House. The suit accuses the defendants of fraud and false advertising in connection with Armstrong’s books, Every Second Counts and It’s Not About the Bike because they include repeated false denials of Armstrong’s use of banned substances. According to the complaint, the books were sold “based upon the false belief that they were true and honest works of nonfiction when, in fact, [the d]efendants knew or should have known that these books were works of fiction.” The plaintiffs are not limiting their requested remedy to the purchase price of the books. Instead, they are seeking “any statutorily permissible damages, attorneys’ fees, expenses and costs.” And, based on prior cases, additional claims and causes of action may be brought against the defendants.
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