Anyone can sue anyone else for any reason. But false advertising suits can be especially enigmatic as to how they’ll end up.
On one hand a federal judge upheld a government suit arguing that POM made false claims of health benefits for its pomegranate juice, despite there being a number of studies that suggest the stuff is good for you.
On the other hand, another judge recently ruled that Lance Armstrong was only engaging in “non-actionable puffery” when he plugged FRS energy drinks as his secret weapon for winning all those bike races.
Puffy is a real legal term referring to promotional claims that “no reasonable person” would take literally. I’m sure that’s exactly what FRS was thinking when they hired Mr. Armstrong to plug their product.
One more note: PR people should remember that most any public communication from a business is considered commercial speech and is open to false advertising claims. This includes news releases, white papers and Twitter tweets. There’s no free speech in marketing.