In July we wrote about the questionable advertisements for “toning shoes” promising that the shoes will help you burn calories, increase muscle tone, improve posture and reduce stress on the back and legs, and the occurrence of injuries related to their use. The concerns we raised were confirmed by a settlement reached between the Federal Trade Commission and Reebok International Ltd. of charges that the company deceptively advertised its “toning shoes.” Under the terms of the settlement, Reebok will pay $25 million which will be made available, either directly from the FTC or through a court-approved class action, to those consumers who purchased EasyTone and RunTone shoes and apparel.
According to the FTC’s complaint, Reebok made unsupported claims in advertisements that the use of its EasyTone and RunTone shoes strengthened and toned leg and buttock muscles more than regular shoes. In particular, the complaint alleged that Reebok falsely claimed that walking in EasyTone shoes had been proven to lead to 28% more strength and tone in buttock muscles, 11% more strength and tone in hamstring muscles, and 11% more strength and tone in calf muscles, than regular walking shoes.
In addition to the $25 million payment, the settlement enjoins Reebok from making any representations that its toning products are effective in strengthening muscles, or that wearing such products will result in a quantified percentage or amount of muscle toning or strengthening, unless the representation is not misleading and Reebok possesses and relies upon “competent and reliable scientific evidence that substantiates that the representation is true.” The FTC defines “competent and reliable scientific evidence” to include “at least one Adequate and Well-Controlled Human Clinical Study of the Covered Product that conforms to acceptable designs and protocols, the results of which, when considered in light of the entire body of relevant and reliable scientific evidence, is sufficient to substantiate that the representation is true.” As defined in the settlement agreement, an “Adequate and Well-Controlled Human Clinical Study” means a clinical study that is randomized, controlled, blinded to the maximum extent practicable, of at least six weeks duration, uses an appropriate measurement tool or tools (e.g. a dynamometer if measuring strength), and is conducted by persons qualified by training and experience to conduct and measure compliance with such a study.”
Consumers should gain some comfort from the substantiation standard set by the FTC in this settlement agreement. While the terms of the agreement apply only to Reebok, advertisers should understand the importance of complying with FTC orders applicable to their business.
If you or someone you know purchased toning shoes manufactured by Reebok, or any other entity, in reliance on the promise that they would strengthen and tone muscles, please contact us to discuss your legal options.