By Jeffrey S. Kravitz, Esquire
Armstrong’s troubles continue. His book, titled It’s Not About the Bike, was a big seller. Now a class action has been filed by two who say they bought the book based on his claims that he had not doped. I handled a similar case that I won because the allegedly deceptive statement was in the packaged dvd and buyers had already made their purchase decision by the time that they were exposed to it. It is chronicled in a published opinion Rice v Fox and is (blush) oft cited.
HUFF AND PUFF
Another interesting case was the old woman’s investment club book, that should have been housed in the fiction section of bookstores. The claim was that they consistently beat the market way up there in Marin, when in fact they had not. Cali court threw the case out on the grounds that the inside leaf of the book was not advertising. The New York courts went the other way on exactly the same facts!!!! Rare to see these cases, which are on the border between free speech and unfair advertising. Stay tuned on this one.