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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.
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"However, many studies have established drastically changing one’s gait can and does cause chronic injuries."
Really? Which studies? -
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. -
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) -
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. -
at least their Superbowl advert was clever:
Last edited by a moderator: Sep 22, 2016 -
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? -
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Now Target are being sued in a class action:
Target Sued Over Toning Shoes -
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 -
Skechers have just filed their annual report. Here is the litigation section!
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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
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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.
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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:
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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. -
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Re: MBT files Bankruptcy
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. -
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. -
Re: MBT files Bankruptcy
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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.
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Re: MBT files Bankruptcy
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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 -
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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
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Target settles toning shoe lawsuit -
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.
The nationally recognized law firm Wright & Schulte LLC and leading Ohio accident law firm, is heading up a Skechers lawsuit against Skechers U.S.A., Inc., Skechers U.S.A., Inc., II and Skechers Fitness Group of Manhattan Beach, California (MDL 2308). This case (Case No. 3:12-cv-00618-TBR) was filed on September 28, 2012 on behalf of a woman from Mobile, Alabama who sustained serious skechers shoe injuries to her right foot, which ultimately required surgery, allegedly as a result of wearing Skechers Shape-Ups. With the case filed in the U.S. District Court Western District of Kentucky, Louisville Division, prominent personal injury attorney Richard W. Schulte will be representing the Plaintiff. Richard W. Schulte is a partner of Wright & Schulte LLC and a member of the Plaintiffs' Steering Committee for Skechers toning shoe litigation.
Wright & Schulte, LLC is a distinguished personal injury law firm with experience in representing individuals who have been injured due to use of defective products. If you believe that wearing Skechers toning shoes has caused you to suffer broken bones, stress fractures or any other damage to your tendons or ligaments, speak with a skilled Skechers defective product lawyer at Wright & Schulte by visiting yourlegalhelp.com or calling 1-800-399-0795. Our legal professionals offer free initial case evaluations and experienced advice regarding how to proceed with these claims.
According to the complaint against Skechers (Case No. 3:12-cv-00618-TBR), the Plaintiff had seen many television and print ads lauding the alleged benefits of Skechers Shape-Up toning shoes. Some of the health benefits Skechers claimed that these shoes could provide included firming abdominal, calf, thigh and buttocks muscles; strengthening the back, reducing impact to the joints and lower back and improving posture; improving stamina, metabolism, blood circulation and overall cardiovascular health; and losing weight and getting in shape without having to go to the gym.
Swayed by these alluring claims, the Plaintiff purchased a pair of Skechers Shape-ups on October 2, 2010 from J.C. Penney in Mobile, Alabama. While she wore the shoes for 25 to 45 minutes for two weeks after purchasing them, the Plaintiff subsequently escalated her use of these shoes by wearing them during her daily activities.
Court documents explain that soon, however, the Plaintiff began experiencing chronic pain in her right foot that lasted for several months; as a result, she received several injections of corticosteriods from a podiatrist. With the pain persisting, the Plaintiff consulted with Dr. William Park IV, an orthopedic surgeon with the Orthopaedic Group in Mobile, Alabama. Following x-rays and other testing on the Plaintiff's right foot, Dr. Park diagnosed her with Morton’s neuroma, a painful condition in which the nerves to the toes develop thickened tissues. The stinging, burning and pressure caused Morton's neuroma can require surgery to relieve the pressure and/or remove the excess nerve growths. Given the severity of the Plaintiff's case, Dr. Ward informed her that she needed to undergo surgery, which took place on March 1, 2012 under the oversight of Dr. Ward at Mobile Medical Center.
Along with alleging that the Plaintiff's case of Morton's neuroma was caused by use of Skechers Shape-Ups, the complaint (Case No. 3:12-cv-00618-TBR) also charges that Skechers (the Defendant) purposely overstated the benefits of Skechers toning shoes in its advertising; knew or should have known that the rolling-bottom design of their toning shoes promoted instability and could increase the risk of falling or sustaining serious injury; failed to warn consumers and healthcare providers of the risks of injury associated with these shoes; and has continued to market and promote this footwear without performing any safety testing, despite the numerous complaints to the company about chronic and traumatic injuries, such as broken bones, stress fractures, torn Achilles tendons and other damage to ligaments and nerves.
Among the evidence that the court documents point to in an effort to elucidate the deception in Skechers toning shoe ads is research performed by the American Council on Exercise (ACE) at the University of Wisconsin. In studying whether toning shoes provide the benefits that they claim, ACE found that, “there is simply no evidence to support the claims that these shoes will help wearers exercise more intensely, burn more calories or improve muscle strength and tone.” (http://www.acefitness.org/getfit/studies/toningshoes072010.pdf)
The Skechers lawsuit filed on behalf of the Plaintiff is seeking compensation for the Plaintiff's medical bills, lost wages due to her injury, permanent disfigurement, emotional distress and suffering. Many similar Skechers lawsuits have been filed by consumers throughout the U.S. who suffered serious injuries allegedly due to Skechers toning shoes.Click to expand... -
More troubles for Skechers:
Staten Island man alleges Skechers Shape-ups led to tears of Achilles tendon -
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.The experienced product liability attorneys at Wright & Schulte, LLC have filed a Skechers lawsuit on behalf of a man from Springfield, Louisiana alleging that his regular use of Skechers Shape-Ups resulted in five bulging discs in his lower back and his severe back injuries caused him to lose strength in his legs. Filed on December 15, 2012, this case (Case No. 3:12-cv-00838-TBR) names the defendants to be Skechers, U.S.A., Inc., Skechers, U.S.A., Inc., II and Skechers Fitness Group, all of which are based in Manhattan Beach, California. Similar to previous Skechers lawsuits, this case has been filed in the United States District Court of the Western District of Kentucky, Louisville Division (MDL 2308).
Wright & Schulte, LLC - fights for consumers who have sustained serious injuries after using defective products. The Skechers attorneys at Wright & Schulte, LLC are experienced at successfully going up against large corporations. They encourage those who believe they have been injured due to use of these toning shoes to speak with our knowledgeable Skechers lawyers by visiting yourlegalhelp.com or by calling 1-800-399-0795 now.
According to court documents, the plaintiff purchased three pairs of Skechers Shape-Ups in 2009 and 2010 and after regularly wearing these Skechers toning shoes for two years, the plaintiff began experiencing severe lower back pain and decreasing strength in his legs allegedly due to Skechers toning shoes. Upon visiting a physician and undergoing an MRI, the plaintiff was informed that he had five bulging discs in his lower back and that his injuries would require surgery.
Court documents state that the fundamentally precarious rocker-bottom design of Skechers toning shoes caused the plaintiff's injuries. They also allege that the manufacturers of these shoes did not perform any safety testing even when consumers had suffered from Skechers injuries and that the Skechers corporations never warned the public about the possibility of injuries associated with these toning shoes.
Additionally, court documents cite an independent study conducted by the American Council on Exercise (ACE) at the University of Wisconsin. This study, which was analyzed whether toning shoes have health benefits greater than standard sneakers, found that, “there is simply no evidence to support the claims that these shoes will help wearers exercise more intensely, burn more calories or improve muscle strength and tone.” [http://www.acefitness.org/getfit/studies/toningshoes072010.pdf"http://www.acefitness.org/getfit/studies/toningshoes072010.pdf]Click to expand... -
Press Release:
An Additional 101 Skechers Shape-Ups Lawsuits Filed in Kentucky Federal Court, Skechers MDL 2308, By Wright & Schulte LLC
More than 100 consumers being represented by the experienced product liability law firm of Wright & Schulte LLC recently filed Skechers Injury lawsuits alleging they sustained serious injuries, including broken feet and ankles, leg and hip fractures, tendon and ligament damage, head injuries, spinal cord damage, and in one case, a pulmonary embolism, allegedly as a result of Skechers Toning Shoes. All 101 Skechers Shape-Ups lawsuits were filed by the firm on January 28, 2013 in the federal multidistrict litigation established for Skechers Toning Shoe lawsuits in U.S. District Court, Western District of Kentucky. These filings represent just the latest actions the firm has brought on behalf of alleged victims of Skechers Shape-Ups injuries. Richard W. Schulte, a partner with Wright & Schulte LLC, is serving on the Plaintiffs’ Steering Committee in the federal Skechers litigation. (In Re: Skechers Toning Shoes Products Liability Litigation – MDL 2308)
Skechers Shape-Ups Lawsuits Filed in Kentucky Federal Court, Skechers MDL 2308
All of the plaintiffs being represented by Wright & Schulte LLC allege the rocker bottom design of Skechers Shape-Ups contributed to their injuries. They further allege that the Skechers Corporation failed to warn the public about the possibility of injuries associated with the toning shoes. In one of the most heart wrenching cases, the mother of a two-year old child from Lewis Center, Ohio, experienced a pulmonary embolism in front of her husband and child weeks after she suffered a severe broken ankle as result of a fall she took while wearing Skechers Shape-Ups. According to her lawsuit, the Plaintiff has endured three hospital admissions, many additional emergency room visits, dozens of doctor appointments, and permanent health complications as a result of her injury. (Case No. 3:13-cv-00170-TBR)
Severe Injuries Allegedly Due Skechers Shape-Ups
Severe Skechers injuries are alleged in many of the claims recently filed by Wright& Schulte LLC. In one case, a Toledo, Ohio, woman suffered a compound fracture of her right trimalleolus and a severe sprain of her left ankle after the rocker bottom sole on her Skechers allegedly caused her to pronate outward and fall down a flight of stairs. (Case No. 3:13-cv-00172-TBR) A West Virginia man who suffered both a broken and dislocated ankle was forced to undergo immediate surgery to have a fixator, consisting of four screws in his ankle and two in his shin, implanted in his leg to repair the damage. (Case No. 3:13-cv-00153-TBR) In Spiro, Oklahoma a woman also underwent immediate surgery to repair a fractured ankle after her shoes caused her to pronate suddenly and without warning. (Case No. 3:13-cv-00139-TBR) Another Plaintiff from Mobile, Alabama was diagnosed with a severe fracture of his right ankle and leg following a fall he suffered while wearing Shape-Ups, while a woman from Elberton, Georgia underwent surgery and was hospitalized for several days after suffering a severe compound fracture of her wrist that she sustained in a similar fall. (Case Nos. Case No. 3:13-cv-00136-TBR and 3:13-cv-00151-TBR)
Plaintiffs in Skechers Shape-Ups lawsuits claim they were enticed to purchase the popular toning shoes because of marketing claims that promised use of the shoes would promote fitness and weight loss. Television spots for the shoes, which featured celebrity endorsers like Kim Kardashian and Super Bowl quarterback Joe Montana, promised the shoes would enable the wearer to "Shape Up While You Walk,” and “Get in Shape without Setting Foot in a Gym.”
Unfortunately, just a year after their 2009 launch, Skechers Shape-Ups and similar toning shoes were being eyed with skepticism by some experts who questioned both their safety and efficacy. In 2010, for example, a study conducted by the American Council on Exercise (ACE) reported that there was "simply no evidence to support the claims that these shoes will help wearers exercise more intensely, burn more calories or improve muscle strength and tone." The study raised additional concerns that use of such shoes “may alter the walking gait mechanics of wearers and, in some cases, potentially cause problems for those who may already be at risk for lower-extremity issues.” By 2011, Consumer Reports had revealed that Skechers Shape-Ups and similar toning shoes had been the subject of more injury complaints than any other product in its database.
[[http://news.consumerreports.org/health/2011/05/as-sales-of-toning-shoes-mount-so-do-injuries.html
Skechers Shape-Ups Pays $40 Million To Settle Charges With FTC
In May 2012, the manufacturer of Skechers Shape-Ups agreed to pay $40 million to settle charges with the Federal Trade Commission (FTC) that it had made unfounded claims that Shape-Ups would help people lose weight, and strengthen and tone their buttocks, legs and abdominal muscles. While the settlement provided consumers with refunds for the purchase of their shoes, it did not include compensation for injuries allegedly caused by Skechers Shape-Ups.
[http://www.ftc.gov/opa/2012/05/consumerrefund.shtmClick to expand... -
They have agreed to settle teh class action for $40 million!:
$40M Settlement Proposed in Skechers Toning Shoes Class Action Lawsuit
A $40 million settlement has been proposed in a consumer fraud class action lawsuit pending against toning shoe manufacturer Skechers U.S.A.
Entitled Grabowski v. Skechers U.S.A., Inc., No. 3:12-cv-00204 (W.D. Ky.), the lawsuit concerns claims that Skechers violated certain state laws and consumer protection statutes in connection with the marketing and sale of its toning shoes. Skechers denies those allegations.
You may be a class member if you purchased eligible Skechers toning shoes from August 1, 2008, until and including August 13, 2012 in the United States.
Upon preliminary review, the Court finds that the proposed settlement agreement is fair, reasonable, and adequate. However, claims will not be paid until the settlement is given final approval by the Court, which is pending.Click to expand... -
NewsBot said: ↑They have agreed to settle the class action for $40 million!:
$40M Settlement Proposed in Skechers Toning Shoes Class Action LawsuitClick to expand... -
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.
Injury claims against Skechers related to its original toning shoe products are moving forward and some settlements have been reached and checks disbursed, announced attorney Robert Jenner, partner with Janet, Jenner & Suggs, LLC.
The JJ&S firm is handling about 400 injury claims against the shoe company, ranging from torn ligaments, to hip fractures, to spinal injury and paralysis, Jenner said. Jenner is co-lead counsel for all plaintiffs who filed federal court lawsuits against Skechers, USA, Inc., for injuries allegedly caused by the company’s “rocker bottom” Skechers Shape-Up toning shoes. The case is in the U.S. District Court for the Western District of Kentucky in Louisville (MDL No. 2308).
“The first round of settlement checks is going out, a second group is in the settlement process, and a third group is awaiting mediation” he said.
Claimants were about equal between men and women, and range in age from pre-teen to seniors, he said. “What they all had in common was pain, the misery of not being able to walk easily or at all, and the fact that these injures often take months or years to heal and may cause permanent disability,” he said.
Not FTC Rebate:
Injury clam settlement checks should not be confused with rebate checks the Federal Trade Commission (FTC) announced July 11, 2013, it is mailing to about 509,000 purchasers of Skechers Shape-ups and other so-called toning shoes as part of a global settlement announced May 12, 2012, to resolve allegations of deceptive advertising, he said.
“The injury settlement checks will be considerably larger than the FTC rebate checks, since they represent compensation for medical expenses, missed wages and other losses,” Jenner explained. As their claims are resolved, clients of Janet, Jenner & Suggs will receive a letter with the exact settlement amount and when to expect a check, he said.
Dangerous Health Benefit Claims Continue to Surface:
Skechers’ agreement with the FTC included a ban on making health claims about shoes, such as they burn more calories or tone muscles, according to the FTC.
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“Consumers should be wary of any claim that wearing specific shoes can improve weight loss or shape muscles by changing the way you walk. There is no valid scientific evidence to back this up. Also, any shoe that alters gait has the potential to cause injury,” Jenner said.
Janet, Jenner & Suggs is a national product liability and personal injury firm that practices extensively in the areas of dangerous products and medical malpractice. The firm maintains offices in Maryland, South Carolina, New York, Massachusetts, Washington, DC, Pennsylvania, North Carolina, Minnesota, and West Virginia, but practices in many other the states with special permission from the local court, and in conjunction with local counsel.Click to expand... -
One law firm has now filed 62 lawsuits against Skechers:
http://www.digitaljournal.com/pr/1577082
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