Skechers USA is asserting that an independent review board from New Zealand attested that Skechers' Shape-ups advertising claims are accurate, truthful and “prepared with a due sense of social responsibility to consumers and society.” On Aug. 10, 2010, the New Zealand Advertising Standards Authority ruled that “that the claims in the [Shape-ups] advertisement regarding muscle tone, posture and weight loss had been substantiated by [Skechers] and therefore were not likely to mislead or deceive consumers.”
Skechers said this is the second time in recent months that independent panels have made favorable rulings relating to the claims that Shape-ups tone muscle, improve posture and promote weight loss. Earlier this year, Australia's independent Therapeutic Products Complaints Resolution Panel (CRP) dismissed complaints by two competitors of Skechers that disputed those benefits.
The Australian CRP stated that Skechers “provided a substantial amount of evidence in support of the claims” that Shape-ups promote weight loss, tone muscles and improve posture and found that Skechers' competitors failed to provide any argument or evidence to challenge Skechers' claims.
“We're not the least bit surprised by these decisions, which we feel confirm what we have been saying all along – that the facts and science support Skechers’ claims and are largely responsible for the success of Shape-ups,” said Leonard Armato, president of Skechers Fitness Division.
The rulings also come as Skechers, according to its 10Q, faces two recently filed civil class action lawsuits over Shape-ups marketing claims. Skechers has said both lawsuits are completely baseless. It also comes after the American Council on Exercise (ACE), a non-profit organization that certifies fitness professionals, in late July released a study on toning shoes that showed no evidence that the shoes help wearers exercise more intensely, burn more calories or improve muscle strength and tone.
In the most recent ruling, the New Zealand ASA reviewed four separate studies performed on Shape-ups, two conducted by Dr. Steven Gautreau, D.C.; one by a major Southern California Hospital; and another by Juntendo University in Japan. The ASA also reviewed a separate report prepared by Kendle Pty. Ltd., a biopharmaceutical research organization which independently evaluated the Shape-ups claims and the four studies used to support those claims.
“In recent weeks, Shape-ups have been the subject of a scientifically worthless report claiming to be a 'study' and questioning our advertising claims for Shape-ups without providing any raw data,” Armato said. “The report was also referenced in misleading and biased news coverage. These recent decisions go a long way toward answering the critics. While we are happy to address any complaints raised in the future, we will aggressively defend the integrity of this great product from baseless complaints and junk science attacks.”
Armato continued, “Shape-ups advertising claims are substantiated by solid scientific testing, but the best substantiation is the sheer popularity of the shoe.
Skechers has received literally thousands of unsolicited testimonials from customers praising Shape-ups and saying that they received the benefits claimed.”
In a separate development, Skechers said the U.S. Patent and Trademark Office issued Skechers a utility patent on its Shape-ups midsole technology, the part of the shoe which is key to imparting fitness benefits to users, including “muscle strengthening and toning, better posture, improved cardiovascular health, less stress on joints, and improved circulation.”
