$2.3 Million New Balance Toning Shoe Settlement Reached

$2.3 Million New Balance Toning Shoe Settlement Reached

By Sarah Pierce

UPDATE 2: Settlement checks were mailed August 21, 2013.

UPDATE 1: Details on how to file a claim for the New Balance Toning Shoe Class Action Lawsuit Settlement are here!

A federal judge has preliminarily certified and tentatively approved a class action lawsuit settlement with New Balance that will require the company to pay consumers $2.3 million to settle false advertising claims that the shoes strengthen muscles and burn calories. If the New Balance toning shoe settlement is granted final approval, Class Members will receive up to $100 for every pair of New Balance toning shoes they bought during the Class Period.

Customers sued New Balance in January 2011 claiming the shoe manufacturer falsely advertised the purported health benefits of its True Balance line of toning shoes. Some of the false advertising claims alleged in the class action lawsuit were that the shoes could result in 29-percent more muscle activation and help wearers burn up to 10-percent more calories with every step compared to regular walking shoes. New Balance also claimed these figures were “based on studies” and backed by scientific evidence, which the class action lawsuit said simply wasn’t true.

“To the contrary, according to scientific tests, wearing the Toning Shoes provides no additional activation to the gluteus, hamstring or calf muscles, and does not burn any additional calories,” the New Balance class action lawsuit states. “Moreover, scientists are concerned that wearing the Toning Shoes may lead to injury, a fact which New Balance deceptively omits from its advertising.”

If the $2.3 million New Balance class action settlement is approved at the January 28, 2013 Final Fairness Hearing, consumers who bought True Balance toning shoes after January 1, 2010 can file a claim to receive up to $100 per pair they purchased. If the total value of claims exceeds $2.3 million, each Class Member’s award will be reduced on a pro-rated basis. Any remaining funds will be donated to the Diabetes Research & Wellness Foundation, the American Cancer Society and the American Heart Association.

Details on how to file a claim for the New Balance Toning Shoe Class Action Lawsuit Settlement can be found in our Open Lawsuit Settlements section. The deadline to file a claim is February 25, 2013.

The case is Kimberly Carey, et al. v. New Balance Athletic Shoes Inc., et al., case number 11-cv-10001, in the U.S. District Court for the District of Massachusetts. The Plaintiffs and Class is represented by the law firm Ahdoot & Woflson, PC.

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