when i read it, i thought, interesting, the FRS false advertising lawsuit went nowhere because of the theory of “puffery”, that is to say, companies are allowed to engage in puffery, i.e., they can bullshit about their products up to a point. this lawsuit was settled, so we don’t know what would have happened had it gone to a jury, but i think the difference between this and FRS is in perceived or possible harm done rather than in promised gains not realized. i think the outcome is about right all the way around.