Be careful what you claim about your products.
If it's exaggerated, inaccurate, or just not true, you could get sued.
Adidas AG is learning this the hard way as they are being sued by a New York man who claims he was duped by Adidas' claims over the health benefits of its "barefoot" running shoe.
Joseph Rocco filed a class action lawsuit against Adidas after purchasing a pair of $90 adiPure running shoes, reports Reuters. Rocco says he purchased the shoes partly based on promises he saw in advertisements regarding the shoes increased training efficiency and decreased risk of injury.
As you may have seen recently, there has been a growing trend of barefoot running where runners will put on minimalistic shoes with little padding with the marketed idea that these shoes mimic how man was supposed to run -- thereby decreasing injury risk.
However, Rocco claims that instead of experiencing decreased pain, he actually suffered more bruising and foot damage and had compound fractures as a result of wearing the shoes. In his barefoot shoe lawsuit, Rocco seeks to certify a class of everyone who purchased adiPure shoes, reports Reuters.
Corporate lawyers should be aware of what their company promises. Pretty much every product liability lawsuit is a class action lawsuit that can result in enormous damages. Remember that claims and promises made in advertisements may be held legally binding. So if you say your shoe or other product is the latest and greatest, be prepared to back it up. Otherwise, you may be sued too like with the Adidas barefoot shoe lawsuit.
- Minimalist Running Shoes Are The Next Target In Court (CNBC)
- Protecting Your Business from Product Liability Claims (FindLaw)
- An App for Corporate Counsel: Introducing GC Advisor (FindLaw's In House)