Vibram To Pay $3.75M In Barefoot Shoe Class Settlement

[Barefoot TJ]

Vibram To Pay $3.75M In Barefoot Shoe Class Settlement
Law360 (subscription)
... lied about scientific research showing the benefits of barefoot-style running to support sales of its recently trendy glove-like, five-toed running shoes.

 

[Sid]

http://www.topclassactions.com/laws...ttles-fivefingers-shoes-class-action-lawsuit/

 

[Barefoot TJ]

My link requires a trial. Sid's is a better link.

 

[NickW]

Thanks for the link Sid. Wow, so a precedent has been set now so who's going to sue all the supportive shoes an orthotics companies that claim the same stuff? What a sue happy nation. Ridiculous. Sad thing is the people aren't even really getting anything back from this. The only people who benefit are the attorneys.

 

[Sid]

Skechers $40 million
Reebok $25 million
http://articles.latimes.com/2012/may/17/nation/la-na-nn-skechers-20120517

Bonnie Patten...noted that Skechers was the leader in the so-called shape-up shoe market, which racked up more than $1 billion in sales in 2010. "What does $40 million mean to them?"
My guess is that [Skechers' celebrity-driven] marketing campaign cost more than that every year. Is this just the cost of doing business for them?"

http://www.cbsnews.com/news/skechers-shape-ups-face-a-flabby-future/

Skechers spent...$154.6 million on "image-building" advertising and promotional campaigns [in 2010], according to regulatory filings.

http://m.bizjournals.com/boston/blog/startups/2012/12/vibram-ceo-tony-post-topo-athletic.html

Vibram USA grew from $3 million in annual revenue to $170 million

http://www.topclassactions.com/laws...ttles-fivefingers-shoes-class-action-lawsuit/

it is expected that Class Members who submit timely and valid Claim Forms will receive a refund in the range of $20 to $50 per pair. Any money that remains after all claims have been distributed will be donated to the American Heart Association to use for research about the health benefits of running.

 

[Barefoot TJ]

I honestly do believe that walking and/or running in VFFs will strengthen your foot muscles much more than ever running in "conventional" running shoes. Will I be sued for saying so? We all know that running barefoot and/or in truly minimal shoes will develop different parts of the calf muscles too. We know this because of our own collective experience.

It's a pity that Vibran was sued over making common sense claims.

If anything, we, or I, should sue the big bulky running shoe companies for their claims not backed by scientific evidence

What troubles me, of course, is their naming them "barefoot" shoes instead of "barefoot-inspired" shoes. Who here wants to sue them over that?

 

[Sid]

If anything, we, or I, should sue the big bulky running shoe companies for their claims not backed by scientific evidence

Reebok and Skechers did get sued. The other companies may not necessarily claim benefits, but rather imply as much by sponsoring pro athletes, just like all the happy people in the pharmaceutical ads and the skinny people in the junk food commercials.

What troubles me, of course, is their naming them "barefoot" shoes instead of "barefoot-inspired" shoes. Who here wants to sue them over that?

Yeah, Vibrams "barefoot shoes" don't actually fit my habitually barefoot feet. They're really for people who want to pretend that they can get the benefits of being barefoot and still wear shoes. The best thing that Vibrams did for me was force me to realize that they were a poor substitute for actually being barefoot. I gave up after getting the Bikilas and developing some pinch calluses and realizing that the sole was THICKER than their older models!

 

[Barefoot TJ]

Reebok and Skechers did get sued. The other companies may not necessarily claim benefits, but rather imply as much by sponsoring pro athletes, just like all the happy people in the pharmaceutical ads and the skinny people in the junk food commercials.

I wish I could find that ad I saw on some barefoot running site or magazine that had a bunch of techno catch-phrases that have been used over the years by big running shoe companies to grab the running markets attention. I knew I should have copied it when I saw it. I will start our own thread about this in the Gear & Footwear forum to see how many we can come up with. This will be fun.

Yeah, Vibrams "barefoot shoes" don't actually fit my habitually barefoot feet. They're really for people who want to pretend that they can get the benefits of being barefoot and still wear shoes. The best thing that Vibrams did for me was force me to realize that they were a poor substitute for actually being barefoot. I gave up after getting the Bikilas and developing some pinch calluses and realizing that the sole was THICKER than their older models!

I totally get what you are saying, especially when I had healthy feet.

For me, I now have to turn to minshoes if I ever want to try running on asphalt, concrete, or trails again due to the nerve damage in my feet from the damage done by conventional running shoes. sigh. (I know, you've heard it all before, and I hate to be a broken record, but I state this for new people who are reading this.) For me, shoes like huaraches and water shoes (VFFs included) do give me more of the benefits of zero drop (for lack of a better word, since in this case, there is none) running (or walking in my case) than running in conventional running shoes; for example, development of my feet (I have two of them--hee) muscles.

 

[Barefoot TJ]

Here Nike claims:
Nike Free 3.0 Flyknit (http://store.nike.com/us/en_us/pd/free-3-flyknit-running-shoe/pid-885888/pgid-1524857)

...move more freely-and run the way nature intended.


Can they really claim this? Is there any science-based evidence to back it up? Who wants to sue?

 

[Barefoot TJ]

How about this claim about the Nike Free 5.0:

With an 8mm difference between heel and forefoot height, the Nike Free 5.0 offers the highest offset of Nike Free running shoes for greater cushioning with the foot-strengthening benefits of natural motion.

Now why is it that Nike can make these claims but Vibram can't? Anyone want to sue Nike over this? Hmmmm? Anyone?

 

[Barefoot TJ]

Knit-in Flywire cables cradle the midfoot for added support where you need it most.

OUCH!

 

[Sid]

For me, I now have to turn to minshoes

Absolutely. Shoes are tools, and sometimes people need them. Similar to how swim fins can be helpful for training and essential for scuba diving. Though, it would be silly to see Phelps wearing them during competition!

When I see apparently healthy people wearing shoes on perfectly bareable surfaces, I think of this.
http://designyoutrust.com/2012/05/national-flipper-race-running-with-fins/

 

[Sid]

Now why is it that Nike can make these claims but Vibram can't? Anyone want to sue Nike over this? Hmmmm? Anyone?

Maybe try one of these firms?
http://www.topclassactions.com/laws...ttles-fivefingers-shoes-class-action-lawsuit/

The class is represented by Janine L. Pollack of Wolf Haldenstein Adler Freeman & Herz LLP; Glen DeValerio and Nathaniel L. Orenstein of Berman DeValerio; Timothy G. Blood and Thomas J. O’Reardon of Blood Hurst O’Reardon LLP; James C. Shah of Shepherd Finkelman Miller & Shah LLP; Michael K. Beck of Gary Roberts & Associates PA; Jayne A. Goldstein of Pomerantz LLP; Joshua E. Keller of Milberg LLP; Tony W. Breeden of The Breeden Law Firm; William M. Sweetman of Sweetnam LLC; and Patrick J. Sheehan of Whatley Kallas LLC.

 

[Barefoot TJ]

Maybe try one of these firms?
http://www.topclassactions.com/laws...ttles-fivefingers-shoes-class-action-lawsuit/

I am already two bare foot steps ahead of you.

 

[skedaddle]

Weren't Vibrams deck shoes for boats initially that were adopted by some of the barefoot community?
That will teach Vibram for listening to a bunch of hippies!

 

[Sid]

I'm no lawyer, but I think that companies can say whatever stupid things that they want about their products. They can also say stupid things about the human body, that might be completely incorrect. However, they can't say things about their product's benefits for the human body, unless it's been proven by research.

 

[Ahcuah]

To some extent, that's old news. Here's what I wrote back in February:

Vibram is Settling Lawsuit


What we got here was the amount of the settlement, and how much each person got. The latest I had was that the parties had been given to May 12 to present the court with their settlement (after a couple of delays). It looks like they beat that by a few days.

 

[Ahcuah]

My blog post for today has the details of the settlement. It looks like a $20 to $50 payout per pair. If you want to make a claim for 2 pairs or more, you'll need a receipt.

Details on the Vibram Settlement