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Lawsuit filed against Skechers

Discussion in 'Biomechanics, Sports and Foot orthoses' started by NewsBot, Jan 17, 2012.

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  1. NewsBot

    NewsBot The Admin that posts the news.

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    Press Release:
    California Product Liability Lawyers File Lawsuit Against Skechers
    According to the lawsuit, Skechers USA, Inc., the manufacturer of the shoes, markets and promotes its toning shoes to be worn in place of other athletic shoes during daily activities, exercise routines, and in the workplace.
     
  2. Admin2

    Admin2 Administrator Staff Member

  3. "However, many studies have established drastically changing one’s gait can and does cause chronic injuries."

    Really? Which studies?
     
  4. CamWhite

    CamWhite Active Member

    Skechers drew the Ire of the Fitness Community by advertising that the mere act of lacing up their shoes would magically shape & tone the body. The American Council for Exercise (a trade organization for personal trainers and gyms) launched a counter-attack against the fitness claims advertised by Skechers, and further suggested, according to their study, that the shoes could [harmfully] alter gait and that injuries could result due to their [frontal plane] instability.

    Link to the ACE Report

    I'm not a scientist, but I always view studies funded by any organization with an agenda with skepticism. I think that some of the conclusions are valid, but others are a "reach". I do not sell or promote Skechers or Reebok toning shoes in our store.
     
  5. Craig Payne

    Craig Payne Moderator

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    If that is the basis of the legal action, it won't get very far ..... there are no studies that have shown that!

    Personally, I have no problemo with "toning shoes" .... wearing my MBT's today (and I only wear them one day a week) ... they good for what they are made for (a temporary alteration in gait and posture)
     
  6. CamWhite

    CamWhite Active Member

    Craig,

    I have no problem with MBT or other "unstable" heel-to-toe rocker sole shoes. I do have a problem with the irresponsible marketing of some of these brands.

    Marketing "unstable" rocker sole shoes as magical fitness and toning devices is patently false. The key to fitness and toning is to put in the hard work to achieve the desired results. For a manufacturer to suggest that vacuuming the floor in toning shoes will burn cellulite is not true. American Football legend Joe Montana was in a commercial throwing footballs wearing Shape-Ups, suggesting these shoes might prepare him for a "comeback". Was he, by inference, suggesting that it's okay to play football in Shape Ups?

    Many consumers who purchase "unstable" rocker sole shoes purchase them online or from department stores with no fitting or consultation. They like the "cush" of the shoes, but are completely unaware that it is their responsibility to overcome the instability built into the shoes. When they go out in the back yard and suffer an inversion sprain (or worse), they blame the shoe for being unsafe. They go online, see class-action suits being launched, and blame the manufacturer.

    We sold MBT shoes for a while, and everyone got a common-sense "pep-talk" on how to wear the shoes properly. We explained that they were wearing an unstable shoe, and it was their responsibility to overcome the instability. We also told customers to exercise caution walking on uneven terrain and cobblestones wearing these shoes, and suggested that other shoes would be more appropriate on these surfaces. Customers appreciated this advice and there were no reported problems.

    But not every customers listens, or is compliant with instructions given to them. Ultimately, we decided to discontinue MBT in favor of shoes with excellent medial/lateral stability. We decided to call these "stable rockers". It was a much better decision.

    In the end, manufacturers that brazenly over-hype their health and fitness claims with little or no evidence backing their claims, deserve everything that is coming to them.
     
  7. NewsBot

    NewsBot The Admin that posts the news.

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    at least their Superbowl advert was clever:

     
    Last edited by a moderator: Sep 22, 2016
  8. Craig Payne

    Craig Payne Moderator

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    I keep checking for a response from Skechers to this lawsuit and keep finding nothing. They just filed their quarterly return with the SEC and there was nothing in it about the law suit.

    Normally a company facing a significant law suit would mention this in their returns so investors can decide on the risk to the company's financial status. As there is no mention in the report, can we assume that they think this is an insignificant issue?
     
  9. Craig Payne

    Craig Payne Moderator

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    I take that back. In the release that accompanies the filings, they acknowledged:
    ouch!
     
  10. NewsBot

    NewsBot The Admin that posts the news.

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    Now Target are being sued in a class action:

    Target Sued Over Toning Shoes
    Source: http://www.sportsonesource.com/news/spor/spor_article.asp?section=9&Prod=1&id=41750
     
  11. CEM

    CEM Active Member

    god bless america (i am sure it will go the same way in the UK very soon)

    i guess the problem comes down to the "fantastic" marketing of these products and the people who believe it just a little too much
     
  12. Craig Payne

    Craig Payne Moderator

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    Skechers have just filed their annual report. Here is the litigation section!

     
  13. NewsBot

    NewsBot The Admin that posts the news.

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    They have decided to settle with the FTC for $40 million.

    Press Release:
    Skechers Will Pay $40 Million to Settle FTC Charges That It Deceived Consumers with Ads for "Toning Shoes"
    Consumers Who Bought Shape-ups, Other Toning Shoes Will Be Eligible for Refunds

     
  14. NewsBot

    NewsBot The Admin that posts the news.

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    Here is Skechers Press Release:
    SKECHERS Announces Global Settlement in Advertising Cases
    The Company believes the settlement will result in substantial net savings over the exorbitant long-term cost of defending against multiple legal proceedings brought by federal and state regulators and private consumer class actions lawyers.
    The Company will not pay any fines or penalties.
    The Company continues to stand behind its toning technology.
     
  15. What a joke! If Skechers thought they weren't going to possibly lose their multiple lawsuits, then they wouldn't be shelling out $40,000,000.00. It's always a delight to see when these shoe companies who make unsubstantiated marketing claims get hit right where it hurts them most.....in their wallets!:boxing::cool:
     
  16. CamWhite

    CamWhite Active Member

    And that's just the false advertising part. Next comes the personal injury class-action lawsuits.
     
  17. CamWhite

    CamWhite Active Member

    MBT files Bankruptcy

    In other news, which I personally find to be rather sad, MBT filed for bankruptcy in Switzerland. Their offices are now empty.

    MBT was a high quality brand that got dragged down by companies that knocked off their design and drove the category into the ground. These companies are now settling lawsuits and moving on to greener pastures.
     
  18. Griff

    Griff Moderator

  19. Craig Payne

    Craig Payne Moderator

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    Re: MBT files Bankruptcy

    I see on a number of barefoot sites that they are gloating over this ... but they failed to see that the false claims made by Vibrams are just the same.
    It seems to be that this is the case. There is very little in the english speaking media on this. The most authoritative source I could find is this. Ttranslation seems to suggest that the statement from MBT blames debt and losses from loosing market share to competitors.

    The irony is that just today the latest issue of Footwear Science came out and the whole issue is devoted to research on the MBT shoes.
     
  20. Boots n all

    Boots n all Well-Known Member

    Had to happen when you consider companies like Pacbrands bought out a $65 copy and all the lawsuits flying around.

    Guess there will be some cheap MBT's on ebay soon.
     
  21. CamWhite

    CamWhite Active Member

    Re: MBT files Bankruptcy

    Sad but true. The Winterthur, Switzerland offices are closed, and the U.S. offices are in the process of liquidating the inventory in their warehouses, according to reports from some US retailers.
     
  22. Does this mean that if I buy a pair of Skechers "go run" and I don't midfoot strike while running in them that I can make a claim against Skechers? Or does their wording of "promotes a midfoot strike" preclude this? If I took lots of people and showed that a significant proportion of them didn't midfoot strike while running, despite wearing the skechers go run, would this make them liable?
     
  23. Craig Payne

    Craig Payne Moderator

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    The settlement only covered the Shape-Up toning shoes model and not the Go Run models.
     
  24. I appreciate that, I'm just exploring other claims made for other shoes.
     
  25. Craig Payne

    Craig Payne Moderator

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    If they make health claims associated with the product and do not have the evidence, then they will probably be held accountable. Just claiming to change the foot strike or alter running technique is probably fine. But if they claim a health benefit with that, then they on shaky grounds (that is why Vibrams will probably loose and the traditional running shoe companies do not make health benefit claims)
     
  26. NewsBot

    NewsBot The Admin that posts the news.

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    Things are getting worse for Skechers:

    Press Release:
    Skechers USA Inc (NYSE:SKX) Investor Alert: Investigation over Potential Wrongdoing by Directors
    An investigation on behalf of investors of NYSE:SKX shares over possible breaches of fiduciary duties by certain officers and directors of Skechers USA Inc was announced and NYSE:SKX stockholders should contact the Shareholders Foundation.
     
  27. NewsBot

    NewsBot The Admin that posts the news.

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    Re: MBT files Bankruptcy

    The UK distributors of MBT have now been placed in administration (source)
     
  28. Admin2

    Admin2 Administrator Staff Member

     
    Last edited by a moderator: Sep 22, 2016
  29. This mass tort is going to hurt Skechers much more financially than their class-action suit. Don't be surprised if Skechers has some major corporate restructuring within the next few years because of all the money they are going to lose on this one. In addition, I would surprised if Vibram doesn't suffer a similar fate of a mass tort for injuries caused by their Vibram FiveFingers within the next 6-12 months.

    This will all be very interesting to watch over the next few years and will certainly be a good lesson to other shoe companies who are thinking of making unsupported health claims, like Skechers and Vibram did, for their own new shoe designs.
     
    Last edited by a moderator: Sep 22, 2016
  30. Craig Payne

    Craig Payne Moderator

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    Its already started. Skechers profile in the running shoe market is going up.
     
  31. NewsBot

    NewsBot The Admin that posts the news.

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    Press Release:
    Estey Bomberger Reports $40 Million Skechers Settlements Do Not Compensate for Injuries
    Additional lawsuits regarding toning shoes can be filed
     
  32. NewsBot

    NewsBot The Admin that posts the news.

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    Target have now settled:
    Target settles toning shoe lawsuit
     
  33. NewsBot

    NewsBot The Admin that posts the news.

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    Press Release:
    Wright & Schulte LLC File Skechers Shape-Ups Lawsuit on Behalf of Alabama Woman Who Required Foot Surgery Allegedly Due to Wearing Skechers Toning Shoes
    The product liability lawyers at Wright & Schulte, LLC have filed a Skechers lawsuit, claiming that the company knew that the design of its toning shoes was causing serious injuries but failed to warn the public.
     
  34. NewsBot

    NewsBot The Admin that posts the news.

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  35. NewsBot

    NewsBot The Admin that posts the news.

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    Press Release:
    Wright & Schulte File Skechers Lawsuit for a Louisiana Man Who Suffered Severe Back Injuries Allegedly Due to Defective Design of Toning Shoes
    The attorneys at Wright & Schulte have filed a Skechers lawsuit on behalf of a Louisiana man who suffered from five bulging discs in his lower back after allegedly wearing Skechers Shape-Ups on a regular basis for two years.
     
  36. NewsBot

    NewsBot The Admin that posts the news.

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    Press Release:
    An Additional 101 Skechers Shape-Ups Lawsuits Filed in Kentucky Federal Court, Skechers MDL 2308, By Wright & Schulte LLC
     
  37. NewsBot

    NewsBot The Admin that posts the news.

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    They have agreed to settle teh class action for $40 million!:

    $40M Settlement Proposed in Skechers Toning Shoes Class Action Lawsuit
     
  38. NewsBot

    NewsBot The Admin that posts the news.

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    The judge has approved this settlement
     
  39. NewsBot

    NewsBot The Admin that posts the news.

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    Press Release:
    Injury Claims against Skechers Toning Shoes Settled or In Process, Says Attorney Robert Jenner
    Some 400 injury claims against Skechers related to its original toning shoe products are moving forward, some settlements have been reached and checks disbursed, announced attorney Robert Jenner, partner with Janet, Jenner & Suggs.
     
  40. NewsBot

    NewsBot The Admin that posts the news.

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