Baltimore, MD (PRWEB) March 02, 2012
Baltimore product liability lawyer Robert K. Jenner has teamed up with the Kentucky law firm of Schachter, Hendy & Johnson, P.S.C., in filing a class-action lawsuit on behalf of consumers who allege misleading advertising influenced their decision to buy Skechers “Shape-Ups” toning shoes.
The attorneys filed the complaint on February 15, 2012, in the U.S. District Court for the Western District of Kentucky. (Boatright, et al. v. Skechers, U.S.A., Inc., et al. Case No. 3:12-cv-00087-CRS).
The lawsuit seeks money damages for consumers who paid a “premium price” for Skechers “Shape-Ups” based on TV, print and Internet ads that touted the toning shoes’ health benefits.
In reality, the complaint alleges, the shoes provide no additional health benefits. Instead, they pose a risk of injury due to their pronounced rocker bottom sole, according to the complaint.
The lawsuit seeks money damages and an order that would stop Skechers from “deceptive and unlawful advertising.”
According to the lawsuit, the shoes are marketed, sold and promoted by Skechers, U.S.A., Inc., and its subsidiaries.
“If you’ve bought a pair of Skechers ‘Shape-Ups shoes for the health benefits, you’ve been misled,” Jenner said in a statement. “You deserve not only to get mad, but to get your money back.”
Jenner is a Maryland defective product lawyer who has been at the forefront of toning shoe injury litigation. His Maryland personal injury firm, Janet, Jenner & Suggs, LLC, currently provides information to consumers on its Toning Shoes Injury website and Facebook page.
The complaint states that Skechers is currently being investigated for its toning shoes marketing claims by the Federal Trade Commission. In September, the FTC reached a $25 million settlement with Reebok for making similar fitness claims about its own brand of toning shoes, the lawsuit states. Footwear News estimates that Skechers will face a fine of $75 million.
In particular, the lawsuit alleges that Skechers promoted that its “Shape-Ups” would provide health benefits “without setting foot in a gym.”
However, the plaintiffs claim, the company has produced no valid scientific proof that the toning shoes provide any greater benefit than regular athletic shoes.
The complaint cites an American Council on Exercise study that concluded, “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.”
However, the lawsuit alleges, the shoes do pose health risks. Because the rocker bottom soles create instability and change gait mechanics, they can trigger chronic injuries and cause wearers to fall and suffer injuries, the plaintiffs claim.
Ronald E. Johnson, Jr. of Schachter, Hendy & Johnson, P.S.C., pointed to a May 2011 Consumer Reports article stating that toning shoes had produced more injury reports than any other product in its database. The reported injuries included tendinitis and foot, leg and hip pain. The more severe reported injuries included broken bones.
“Skechers needs to be held accountable,” Johnson said. “And consumers need a refund.”
About Janet, Jenner & Suggs, LLC
Janet, Jenner & Suggs, LLC, is a national personal injury and product liability law firm with offices in Baltimore, MD, and Columbia, SC. Robert K. Jenner has more than 27 years of experience representing injured consumers nationwide against the manufacturers of defective products, including medical devices and dangerous drugs. He has been honored by his peers for inclusion in "The Best Lawyers in America," and "Maryland's Super Lawyers.” For more information, call Janet, Jenner & Suggs, LLC, today at (888) 463-3529 or use the firm’s online contact form.