FTC says toning shoe ads were “deceptive”; Reebok disagrees but will pay $25m
30/09/2011
Reebok, part of the adidas Group, has agreed to pay $25 million in compensation to consumers and the FTC has set up a link on its website to help people who bought the shoes claim a refund.
“The FTC wants advertisers to understand that they must exercise some responsibility and ensure that their claims for fitness gear are supported by sound science,” said David Vladeck, director of the FTC’s Bureau of Consumer Protection.
Reebok’s EasyTone walking shoes and RunTone running shoes have retailed for $80 to $100 a pair, while EasyTone flip flops have retailed for about $60 a pair. Advertising for the shoes claimed that sole technology featuring pockets of moving air creates “micro instability” that tones and strengthens muscles as wearers walk or run.
According to the FTC complaint, Reebok made unsupported claims in advertisements that walking in its EasyTone shoes and running in its RunTone running shoes strengthen and tone key leg and gluteus maximus muscles more than regular shoes. The FTC’s complaint also alleges that Reebok falsely claimed that walking in EasyTone footwear had been proven to lead to 28% more strength and tone in the buttock muscles, 11% more strength and tone in the hamstring muscles, and 11% more strength and tone in the calf muscles than regular walking shoes.
However, Reebok immediately issued a statement saying it disagreed with the FTC’s decision and stood by its EasyTone products and the claims it has made. The statement said: “The allegations suggested that the testing we conducted did not substantiate certain claims used in the advertising of our EasyTone line of products. In order to avoid a protracted legal battle, Reebok has chosen to settle with the FTC. Settling does not mean we agreed with the FTC’s allegations; we do not.”
Under the settlement, Reebok is barred from making claims that toning shoes and other toning apparel are effective in strengthening muscles, or that using the footwear will result in a specific percentage or amount of muscle toning or strengthening, unless the claims are true and backed by scientific evidence. It cannot make any health or fitness-related efficacy claims for toning shoes and other toning apparel unless the claims are true and backed by scientific evidence; nor can it misrepresent any tests, studies, or research results regarding toning shoes and other toning apparel.
The Reebok statement went on to say: “We fully stand behind our EasyTone technology, the first shoe in the toning category inspired by balance-ball training. We have received overwhelmingly enthusiastic feedback from thousands of EasyTone customers, and we remain committed to the continued development of our EasyTone line of products. Our customers are our number-one priority, and we will continue to deliver products that they trust and love.”
The FTC files a complaint when it has “reason to believe” that the law has been or is being violated, and a proceeding is in the public interest. The complaint is not a finding or ruling that the defendant has actually violated the law. The consent decree is for settlement purposes only and does not constitute an admission by the defendant that the law has been violated.
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