Reebok International Ltd. will refund $25 million to consumers that bought the athletic wear maker's toning shoes or apparel as part of a settlement with the Federal Trade Commission over deceptive advertising, the agency announced Wednesday. The shoes claimed to provide extra tone and strength to leg and buttock muscles.
In a short statement, Reebok stated, “We stand behind our EasyTone technology – the first shoe in the toning category
that was inspired by balance-ball training. Settling does not mean we agree
with the FTC's allegations; we do not.
We have received overwhelmingly enthusiastic feedback from thousands of
EasyTone customers, and we remain committed to the further 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.“
According to the FTC's statement, the funds will be made available for consumer refunds either directly from the FTC or through a court-approved class action lawsuit. It is unclear whether consumers will be reimbursed for all or a portion of the purchase price.
“The FTC wants national 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, in the statement.
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; - making any health or fitness-related efficacy claims for
toning shoes and other toning apparel unless the claims are true and
backed by scientific evidence; and - misrepresenting any tests, studies, or research results regarding toning shoes and other toning apparel.
At a news conference, Vladeck said the FTC settlement will run in tandem with any pending class action lawsuits against Reebok over advertising claims for their toning footwear. “We want to get cash back in the hands of consumers as quickly as we can, but this process will take some time,” Vladeck said, according to the Chicago Tribune.
Vladeck also praised Reebok for its cooperation in the matter. He noted that Reebok pulled the advertising detailed in the complaint “sometime in the middle of our investigation.” The shoes became available in early 2009, and the ads ran during 2009 into 2010, according to the FTC. Reebok also stopped manufacturing boxes and promotional materials with the deceptive claims, he added.
Vladeck declined to comment on other companies that made toning footwear. The agency did not provide an estimate of how many Reebok toning shoes were sold.
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 buttock (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 percent more strength and tone in the
buttock muscles, 11 percent more strength and tone in the hamstring
muscles, and 11 percent more strength and tone in the calf muscles than
regular walking shoes.
The FTC noted that beginning in early 2009, Reebok made its claims through print,
television, and Internet advertisements, the FTC alleged. The claims
also appeared on shoe boxes and displays in retail stores. One
television ad featured a very fit woman explaining to an audience the
benefits of Reebok EasyTone toning shoes. She picks up a shoe from a
display and points to a chart showing the muscles that benefit from use
of the shoes, while a video camera continues to focus on her buttocks.
She says the shoes are proven to strengthen hamstrings and calves by up
to 11 percent, and that they tone the buttocks “up to 28 percent more
than regular sneakers, just by walking.”
In its complaint, the FTC stated, “In truth and in fact, laboratory
tests do not show that, when compared to walking in a typical walking
shoe, walking in EasyTone footwear will improve muscle tone and strength
by 28% in the gluteus maximus, 11% in the hamstrings, and 11% in the
calves.”
The FTC noted that it has been reported that toning shoe sales in the United States increased from $17 million in 2008 to approximately $145 million in 2009. Toning shoe sales peaked in 2010 with sales close to $1 billion. Reebok as well as Skechers were the two biggest sellers of toning styles.
A microsite –
Ftc.gov/reebok – has been set up to provide consumers with the basic facts about the Reebok settlement and directs them to apply for a refund if they are eligible.
The Commission vote authorizing the staff to file the complaint and approving the proposed consent decree was
5-0. The FTC filed the complaint and proposed consent decree in the
U.S. District Court for the Northern District of Ohio on September 28,
2011. The proposed consent decree is subject to court approval.
The FTC also indicated that findings does not conclude the Reebok broke any a law. In a note at the close of its statement, the FTC noted that Commission files a complaint when it has “reason to believe” that the law has been or is being violated, and it appears to the Commission that 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. Consent decrees have the force of law when approved and signed by the District Court judge.
