Judge allows Crocs class action to proceed in part

Update:

• A California judge has partially dismissed class action claims that American footwear company Crocs failed to alert consumers that its shoes are made of a material called Croslite that shrinks upon exposure to ordinary heat and/or direct sunlight. 
• In an order filed on June 20, U.S. District Judge Trina L. Thompson dismissed part of the buyers’ breach of warranty and fraud-based claims but said the Crocs buyers could file an amended complaint. “Plaintiffs must amend the murky allegations,” she said.
• The consumers claim Crocs failed to alert consumers to the alleged design flaw, which they argue makes the shoes “unwearable” in hot and sunny conditions. 
• Judge Thompson said the plaintiffs had not proven that Crocs misled consumers by advertising that the shoes were made for hot and sunny days.

Crocs class action lawsuit overview: 

• Who: A group of consumers filed a class action lawsuit against Crocs Inc. 
• Why: The consumers claim Crocs failed to alert consumers that its Crocs shoes were made of a material that shrinks upon exposure to ordinary heat and/or direct sunlight. 
• Where: The class action lawsuit was filed in California federal court. 

A new class action lawsuit alleges American footwear company Crocs failed to alert consumers that its Crocs shoes are made of a material called Croslite that shrinks upon exposure to ordinary heat and/or direct sunlight. 

A group of consumers claim Crocs failed to alert consumers to the alleged design flaw — which they argue makes the shoes “unwearable,” “worthless” and “unsuitable for ordinary use” — for more than two decades. 

“In reliance on Defendant’s false and misleading representations and omissions, Plaintiffs purchased Crocs shoes, entirely composed of Croslite, believing they were suitable for regular use in hot and/or sunny conditions and believing they would remain their represented size in such conditions,” the Crocs class action says. 

The group wants to represent a California class who have purchased Crocs shoes in the state since Nov. 22, 2018, and a direct purchase subclass of class members who purchased Crocs shoes directly from the company. 

Design flaw defeats Crocs ‘fundamental purpose’, class action claims

The consumers argue the Crocs shoes shrink and/or warp to the point where they no longer fit the feet of the purchaser, defeating their “fundamental purpose.” 

“At the same time, Defendant made (and continues to make) affirmative representations that falsely represent the Products as being a certain size, as well as being suitable not only for ordinary wear and use, but also for use in hot, sunny environments,” the class action says. 

The complaint brings claims of breach of express warranty, fraudulent concealment, fraud, deceit and/or misrepresentation and negligent misrepresentation, and violations of several California consumer protection laws. 

The plaintiffs demand a jury trial and request declaratory and injunctive relief and an award of compensatory, statutory, punitive and treble damages for themselves and all class members. 

Earlier this year, a California federal judge declined to dismiss a total of four class action lawsuits filed against Crocs over similar claims its shoes shrink when exposed to heat, water and sunlight. 

Have you ever purchased Crocs shoes? Let us know in the comments.

The plaintiffs are represented by Seth A. Safier, Marie A. McCrary, Anthony J. Patek and Kali Backer of Gutride Safier LLP. 

The Crocs class action lawsuit is Mongalo, et al. v. Crocs Inc., Case No. 4:24-cv-09037, in the U.S. District Court for the Northern District of California.

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