A group of five law firms has filed a class-action suit against Vibram USA Inc and Vibram FiveFingers LLC in the U.S. District Court for the District of Massachusetts alleging the company used deceptive statements about the health benefits of barefoot running.



“Given that Defendan’ts advertising and marketing equates barefoot running with running in FiveFingers, Defendants; uniform deceptive statements about barefoot running are also deceptive statements about Five Fingers,” alleges the suit.


The lawsuit appears to be the first of its kind filed in the district against Vibram FiveFingers, which was the single hottest outdoor specialty product in the United States from 2007 through 2010. The lawsuit says sales of the shoes have grown an average of 300 percent a year for the last five years and approached $70 million in 2011. The breakout sales led Merrell to partner with Vibram, an Italian company specializing in sole design and manufacturing, to launch its own minimalist footwear line in 2011.


The lawsuit asserts that; 1) health benefits claims Vibram FiveFingers has used to promote the shoes are deceptive; 2) that FiveFingers may increase injury risk as compared to running in conventional running shoes, and even when compared to running barefoot; 3) that there are no well-designed scientific studies that support FiveFingers claims.


The lawsuit quotes extensively from an article published in the September, 2011 issue of ACE CertifiedNews discussing results of a study conducted by conducted by the American Council on Exercise of the impact of running in Vibram FiveFingers. That article notes that conventional heel-to-toe running style and shoes have led to high-impact injuries for many runners.


The lawsuit also acknowledges Vibram FiveFingers hangtags advise first-time users to ease into running in the shoes and to visit their website for related natural running and training tips. It also notes that Vibram acknowledges that transitioning to running in its shoes might take some runners more than a year.


Filed March 21 on behalf of Florida resident Valerie Bezdek, the lawsuit purports to represent a class of more than 100 people with claims exceeding $5 million. Fve law firms are listed as counsel for the plaintiff, including lead counsel Glen DeValerio and Nathaniel L. Orenstein of Boston.