SKECHERS USA, Inc. today said that the two recently filed civil class actions disclosed in its Form 10-Q for the quarter ended June 30, 2010 each have only a single plaintiff and both are completely baseless.
The complaints, Tamara Grabowski v. Skechers USA, Inc. and Sonia Stalker v. Skechers USA, Inc., allege that the company’s advertising for Shape-ups violates California law. The complaints, which were filed respectively on June 18 and July 2, are in the early stages and that the company will mount a vigorous defense. Skechers is being represented in the civil suits by Daniel M. Petrocelli of O’Melveny & Myers.
“While the company does not usually comment on pending litigation and seeks to vindicate itself in court, it is important to set the record straight before such false and disparaging allegations take on a life of their own,” said Anthony Glassman, an attorney and spokesperson for Skechers. “The company believes that the lawsuits are inconsistent with numerous scientific studies, including studies cited in one of the lawsuits.”
Those studies were conducted on the category of shoes called rocker bottom shoes, to which Shape-ups belong, the company said. Links to key studies, including two published in peer-reviewed journals, are available at www.ToningShoeStudies.com.
Mr. Glassman said, “The body of scientific research shows that rocker bottom shoes increase muscle activity and heighten the metabolic demands of walking. Indeed, one study cited in one of the lawsuits actually found that subjects wearing rocker bottom shoes experienced increased muscle activity in various muscles, when compared to those wearing flat bottom shoes.”
“The research has also shown that wearers of Shape-ups — when compared to wearers of conventional flat bottom shoes — show increased weight loss, greater reductions in body fat, and other improvements in fitness and health markers,” Mr. Glassman said.
He said the most recent study was an eight week study with 80 participants conducted by Dr. Steven Gautreau, D.C. and further reviewed and endorsed independently by Dr. Gerry Edwards, D.C.
Mr. Glassman added that the Shape-ups studies are consistent with the findings of other studies of rocker-bottom shoes published in peer-reviewed clinical journals over a period of several years, and three prior studies conducted on Shape-ups by other experts, including a study by a leading Southern California hospital and University; a prior trial study by Dr. Gautreau; and a study by Juntendo University in Japan.
The company said that these scientific studies also contradict a recent critical report by the American Council on Exercise (ACE), an exercise company that sells fitness training courses, fitness materials and apparel and has a financial incentive to minimize Shape-ups sales through its public relations and marketing.
“The ACE report has no scientific validity and is virtually worthless to support any claim as to the benefits of Shape-ups,” Mr. Glassman said. “The report’s conclusions are wholly unscientific and not supported by the very limited data released, the unsound methodology and poor analytical technique that were used. The ACE report stands in marked contrast to the numerous studies supporting the benefits of rocker bottom shoes, which fully disclose the study design and methods used.”
The company also said that the popularity of its toning shoes provides convincing evidence that customers are pleased with the product.
“Skechers has received thousands of letters from fully satisfied customers and hundreds of reviews and amateur videos have been posted on the Internet by customers praising Shape-ups shoes and declaring that they have received the benefits described in Skechers’ advertising,” Mr. Glassman said. “We believe the sheer volume of this unsolicited positive feedback received is a clear indication that the vast majority of consumers are satisfied and do not feel they have been misled.”
