The lawsuit alleges that the toning shoes at issue, Skecher's Shape-ups, were dangerously designed and no or inadequate warnings were provided to potential consumers. Beyond that, Skecher's is alleged to have committed certain unfair business practices in that they advertise their toning shoes as being able to: (1) Promote weight loss, (2) Tone muscles, (3) Improve posture, (4) Reduce stress on knees and ankles, (5) Strengthen and firm the back muscles, (6) Tighten abdominal muscles, (7) Improve blood circulation, (8) Firm leg muscles, (9) Tone and firm thigh muscles, (10) Relieve muscle tension and fatigue, and (11) Allow the wearer to get in shape without setting foot in a gym. These claims, the lawsuit alleges, are not supported by reliable testing or sound scientific studies.
A number of similar lawsuits have been filed by consumers around the country, and it remains to be seen which one of these cases will make it to trial first.
In the weeks and months that will follow, in what is almost sure to be a hotly contested suit, the parties will engage in written discovery, as well as the taking of party and witness depositions. Because the lawsuit filed is venued in Orange County, trial is likely to be scheduled within 12 to 18 months.
Have you or a family member been injured by toning shoes?
- This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
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