FitFlop Class Action SettlementA California federal judge has preliminarily approved a $5.3 million class action settlement over allegations that FitFlop USA LLP falsely advertised its toning shoes as having the ability to tone and strengthen leg muscles.

On Thursday, Judge Thomas J. Whelan gave preliminary approval to the FitFlop class action settlement, which would require FitFlop to reimburse customers who purchased the FitFlop shoes from 2007 until the date class notice is issued. The shoes, which cost anywhere between $50 and $240 per pair, include the Electra, Oasis, Pietra and Walkstar brands.

Under the terms of the FitFlop settlement, Class Members are eligible to receive an initial refund of $25 for the first pair of shoes, up to a maximum payment of $60, and $40 for the second pair of shoes, up to a maximum payment of $100. Class Members may make claims for additional pairs of shoes if they can provide a receipt or proof of purchase.

The FitFlop false ad class action lawsuit was initially filed by Charlice Arnold and Arianna Rosales in 2011. They took issue with the “Microwobbleboard” technology, which caused the soles of the shoes to be unstable, which would supposedly cause wearers to work their leg muscles while walking and standing. According to their class action lawsuit, FitFlop claimed that these soles were “biomechanically engineered” to tighten and tone leg muscles. The plaintiffs argued that FitFlop’s “Get a workout while you walk” slogans were deceptive.

The class action lawsuit also accused FitFlop of referring to “unreliable scientific studies” that were not published in peer-review journals to supposedly back up their claims. “The health benefits claims are deceptive, and FitFlop Footwear is not proven to provide any of these benefits,” the FitFlop class action lawsuit said.

“The Court has conducted a preliminary assessment of the fairness, reasonableness, and adequacy of the Stipulation, and hereby finds that the settlement falls within the range of reasonableness meriting possible final approval,” Judge Whelan wrote in his order to preliminarily approve the FitFlop class action settlement.

A fairness hearing for the FitFlop class action settlement has been scheduled for April 28, 2014.

Top Class Actions will notify our readers as soon as claim filing instructions are available. Receive alerts on any updates we make to the FitFlop settlement by adding this article to your “Favorites.” To “Favorite” articles, simply sign in to your free Top Class Actions account.

FitFlop is not the first toning shoe company to come under fire for allegedly making false claims about their shoes. In May, a judge approved a $40 million class action settlement over Skechers toning shoes. Under the terms of the Skechers settlement, Class Members received anywhere between $20 and $80, depending on which products were purchased. In January, a judge also approved a $2.3 million class action settlement over New Balance toning shoes. Payments for the New Balance settlement went out in August.

The plaintiffs are represented by Timothy G. Blood, Leslie E. Hurst and Thomas J. O’Reardon II of Blood Hurst & O’Reardon LLP, and Michael Liskow and Janine L. Pollack of Wolf Haldenstein Adler Freeman & Herz LLP.

The FitFlop False Ad Class Action Lawsuit is Charlice Arnold, et al. v. FitFlop USA LLC, Case No. 3:11-cv-00973, in the U.S. District Court for the Southern District of California.

UPDATE: Detailed claim filing instructions are up! See how to file a claim here.

UPDATE 2: An objection to the FitFlop class action settlement, which received final approval on April 28, 2014, has been overruled. However, the court order has been appealed. Distribution of the settlement benefits cannot commence until all appeals have been resolved in favor of the class action settlement.

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.

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21 Comments

  • jennell December 23, 2013

    how do you file a claim?

    • Sonya December 24, 2013

      Top Class Actions will notify our readers as soon as claim filing instructions are available. Receive alerts on any updates we make to the FitFlop settlement by adding this article to your “Favorites.” To “Favorite” articles, simply sign in to your free Top Class Actions account.

  • D EVANS December 23, 2013

    Where’s the form????

  • Andrea DeBose December 24, 2013

    Need claim form.

  • Helene Szabo December 24, 2013

    How do I file a claim. I bought 4 pairs of Fit Flops.

  • Helene Szabo December 24, 2013

    I need a claim form

  • brenda booker December 24, 2013

    where do I file

  • Marie Crowder December 24, 2013

    How do I file a claim!!

  • sommai peterson December 24, 2013

    I have bought two pairs fitflop what do I need to do?

  • christine goetz December 26, 2013

    Shoes did nothing! Need claim form

  • donna alexander December 30, 2013

    i incurred damages from this product and need to file a claim for compensation. How do i file a claim.

  • denise qualls January 1, 2014

    Where do i go to file a claim ?

    • jennell January 6, 2014

      need a claim form asap

  • ROSEMARY January 7, 2014

    WHEN WILL CLAIM FORM BE POSTED

  • Barbara Haynes February 9, 2014

    I bought two pairs of these Fitflops and they actually hurt my ankles.

  • Sherry Gallardo February 15, 2014

    Over the past 5 years I have purchesed 7 pairs of flip flops they never did anything to put me in shape as they say they do and have twisted ankle more then once… Where do I file or find the claim to file

    • Me May 8, 2014

      So why did you keep buying them???

  • jennell February 26, 2014

    click on the button that says term of the settlement and you will find the claim form

    • Robert Harris June 24, 2014

      DAMM I was looking on the other open and closed lawsuits and I happened to see your name on everyone Is this how you make a living filing “FALSE CLAIMS” and not only that you have a smart ass attitude !!! And don’t go say some thing crazy to me either cause I’m not like these other people who let you get smart with them “I WILL REPORT YOU TO THE AMERICAN BAR ASSOCIATION” !!!!

  • Top Class Actions April 1, 2014

    UPDATE: Detailed claim filing instructions are up! See how to file a claim here.

    More info: http://topclassactions.com/lawsuit-settlements/open-lawsuit-settlements/13022-fitflop-footwear-class-action-settlement/

  • Top Class Actions July 15, 2014

    UPDATE: An objection to the FitFlop class action settlement, which received final approval on April 28, 2014, has been overruled. However, the court order has been appealed. Distribution of the settlement benefits cannot commence until all appeals have been resolved in favor of the class action settlement.

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