Following litigation against New Balance, Reebok and Skechers over their toning shoes, a plaintiff has filed a class action against Target alleging that the retailer's “TrimStep” footwear was deceptively advertised.
The suit, filed on behalf of a national class in Minnesota state court, challenges Target's claims that its shoes “encourage muscle toning in the legs, improve posture, reduce stress on feet, knees and back and promote a healthy, active lifestyle,” according to a report on the Association of Corporate Counsel.
The suit claims consumers the shoes not only failed to achieve the promised results but may actually have caused or exacerbated the very health problems they claim to alleviate. Target launched its own line of footwear in 2009.
The suit asserts that Target used point of sale displays, the Internet, and product packaging to promote the benefits of its shoes, which included improved posture, reduced stress on feet and joints, and increased muscle toning in the legs.
However, clinical evidence subjected to peer review found no significant difference between a test group in toning shoes and a control group in regular shoes in either pain reduction or increased balance, according to the complaint. Additional studies found no evidence that toning shoes reduce joint loading or encourage muscle toning, the suit contends.
The plaintiff purchased her TrimStep rocker bottom footwear in the spring of 2011 for approximately $40. The suit seeks to enjoin Target from deceptively advertising and marketing the TrimStep footwear, as well as damages of less than $5 million.
