Judge in Crocs shrinkage class action declines company’s motion to dismiss case

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Update:

• A California federal judge rejected Crocs’ attempt to have four class action claims against the company dismissed.
• U.S. District Judge Trina L. Thompson determined that the allegations against Crocs claiming the shoes shrink after being used in the environments depicted in advertisements have merit.
• The company’s motion to dismiss one Crocs shrinkage lawsuit accusation based on the claim the shoes are made with 90% or more of Croslite material “is not to be decided at the pleading stage,” Judge Thompson wrote.
• Both the Crocs sandal and mukluk footwear are substantially similar and can be considered collectively as a common injury, Judge Thompson determined.
• The specific timeline of viewing the advertisements before purchases were made in spring and summer 2022 was also determined to be sufficient detail and a proper claim in the Crocs shrinkage lawsuit, Judge Thompson determined. 

Crocs shoe shrinkage class action overview:

• Who: Crocs Inc. allegedly violates a number of consumer laws. 
• Why: Plaintiffs argue the Crocs shoes shrink up to several shoe sizes when exposed to heat, sunlight and water.
• Where: The class action lawsuit has been filed in the state of California.

(Dec. 1, 2022)

Popular shoe company Crocs Inc. sells defective shoes in a fraudulent manner in violation of the Consumer Legal Remedies Act, a new class action claims. The lawsuit alleges that when exposed to ordinary heat, sunlight or water, the shoes can shrink several shoe sizes, making them useless to consumers.

In selling such products, Crocs engages in “false advertising; negligent misrepresentation; unfair, unlawful and deceptive trade practices; and breach of express and implied warranties,” according to the lawsuit.

The Crocs class action lawsuit names several lines of shoes made of the Croslite material, under the brand name “Crocs.” The lawsuit points out that the shoe company markets the products as outdoor shoes, particularly water shoes to be worn at the beach or at the pool.

Crocs class action claims company refuses to recall shoes, warn customers

“At a minimum, Crocs unlawfully failed to adequately disclose that the Products would shrink and become un-wearable by purchasers if they were exposed to environments that were too hot, sunny or wet, including, for example, rivers, lakes, pools, beaches, hot cars gardens, lawns, porches, etc. …,” the Crocs class action claims.

The plaintiffs argue consumers made “thousands of complaints regarding the shrinkage problems” yet Crocs refused to recall the product or otherwise warn consumers of the problem with the shrinking material. The lawsuit claims the company is aware its Croslite products shrink when exposed to the elements.

The Crocs class action cites several complaints on Crocs’ website, such as, “This purchase was a replacement for a pair of Crocs that shrunk when placed near the floor register. Croc would not replace them under warranty. I was stuck purchasing a new pair.”

The lawsuit says selling shoes with such a defect makes the company more profitable because it causes consumers to buy more products.

Crocs Inc. is based in Broomfield, Colorado. Classic Crocs clogs sell for about $45 for men and women. Children’s Crocs sell for around $30. MarketWatch reported Crocs sold 18.9 million pairs of shoes in 2020.

Crocs has faced other lawsuits, including one over an escalator incident involving a toddler. It also has been involved in other litigation as a plaintiff seeking action against copycat products and sales.

Have you experienced shrinking Crocs? Let us know in the comments below.

The plaintiffs are represented by Seth Adam Safier of Gutride Safier LLP.

The Crocs shrinking shoes class action lawsuit is Valentine, et al. v. Crocs Inc., Case No. 3:22-cv-07463, in the U.S. District Court for the Northern District of California.

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