Tuesday, February 8, 2011
Shoes Offering Easy "Workout" are New Class Action Targets
Mall walkers beware: Those “toning shoes” may not deliver on their promises of getting more exercise and burning more calories for each step walked. As least, that is the accusation raised by a series of proposed class-action lawsuits against makers of the fitness shoes, who have long touted the rounded-bottom shoes as a way of toning legs and getting in shape without ever stepping foot in a gym. The ramifications could be huge, as MSNBC reports that sales of toning shoes were expected to hit $1.5 billion in 2010, which is a 400 percent increase from sales in 2009.
ConsumerAffairs.com reports that the most recent shoemaker to face such claims is New Balance, which recently was sued by a Los Angeles consumer alleging that the shoe company’s advertisements were “false, misleading, and reasonably likely to deceive the public.” She, like the plaintiffs who came before her, seeks court approval for class action status. Before this most recent claim, Boston-based Reebok was hit with a similar suit in late 2010 involving its EasyTone brand. That lawsuit reportedly demands that Reebok conduct a “corrective advertising campaign” and reimburse consumers who bought the allegedly defective product. Many of the brands sell for prices in excess of $100. Finally, Skechers is dealing with a similar lawsuit for its alleged “false and misleading advertising campaign” with regard to its Shape-ups brand.
MSNBC further reports that plaintiffs in these suits may rely on a study commissioned at the University of Wisconsin at La Crosse by the American Council on Exercise (yes, there really is such a thing). Researchers compared people walking on treadmills wearing regular running shoes and various brands of toning shoes. They reportedly found from this study that “[t]here was not even a hint of something going on.” Shoemakers, however, have questioned the validity of this study and instead point to numerous other studies previously conducted which they point to as showing “overwhelming” evidence that these products work.
All shoe companies stand behind their products and have said they will vigorously defend their toning-shoe brands. It is yet to be seen whether any skepticism raised by these lawsuits will curb consumers’ appetites for the easy workout shoe.
