A potential class action lawsuit accuses Bayer Consumer Health, owner of the Dr. Scholl’s brand of shoe inserts, of deceptively marketing its “custom fit orthotic inserts” because they are not custom made or proper orthotics.
Dr. Scholl’s brand “custom fit” inserts “are standardized factory-manufactured inserts which cannot and do not compare to a custom orthotic device, which is tailored to the specific measurements of each of a patient’s feet, individually,” according to the class action complaint. “Significantly, they are sold in pairs of identical inserts, without regard for the unique pathology present in each foot of the consumer,” which the complaint compares to “an eye doctor prescribing the same lenses for two different eyes.”
The Dr. Scholl’s “custom fit” class action lawsuit states that true orthotics are made for an individual foot by a trained professional after conducting a thorough physical examination, which can often cost hundreds of dollars. Some consumers seek cheaper alternatives for true orthotics, and the complaint accuses Dr. Scholl’s of attempting to “prey on such consumers, often seniors, by deceptively advertising and marketing their over-the-counter shoe inserts.”
A large part of Dr. Scholl’s deceptive advertising, according to the class action lawsuit, are the “Dr. Scholl’s Custom Fit Orthotics Foot Mapping Kiosks” found in many stores nationwide, that claim to map the user’s feet and then direct them to the correct “custom fit orthotic insert.” However, the complaint alleges that “in reality, the Kiosk simply directs consumers to pick one of fourteen numbered, pre-manufactured Dr. Scholl’s over-the-counter arch inserts for which consumers pay nearly five times the price of other manufacturers’ over the counter arch inserts.”
Plaintiff James Kommer asserts that he was one of those consumers. Kommer states that he owes a retail business in Saratoga County, New York, and was experiencing foot pain. Kommer says he used a “Dr. Scholl’s Foot Mapping Kiosk,” followed the directions, and purchased the indicated Dr. Scholl’s “custom fit orthotic insert” for approximately $50. However, Kommer claims that the inserts actually caused him more pain, not less.
Kommer alleges that based on the deceptive advertising in television commercials, on the kiosk, and on the Dr. Scholl’s insert packaging, he believed that the inserts were custom-made and actual orthotic devices for his feet. The complaint states that “as a result of Defendants’ deceptive representations and material omissions, consumers — including Plaintiff and members of the proposed class — have purchased Dr. Scholl’s Custom Fit Orthotics Inserts which they otherwise would not have purchased, and in any event, are far more expensive than equivalent products.”
The Dr. Scholl’s “custom fit” deceptive advertising lawsuit seeks to represent a Class of all consumers who purchased Dr. Scholl’s Custom Fit Orthotic Inserts in the State of New York. The complaint alleges violations of state consumer protection laws, and request damages, including treble damages, and an order stopping the deceptive marketing.
Kommer is represented by Jeffrey I. Carton, James R. Denlea, and Robert J. Berg of Denlea & Carton LLP.
The Dr. Scholl’s Custom Fit Class Action Lawsuit is James Kommer v. Bayer Consumer Health, et al., Case No. 7:16-cv-1560, in the U.S. District Court for the Southern District of New York.
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11 thoughts onDr. Scholl’s ‘Custom Fit’ Inserts Deceptive, Class Action Says
This is simply yet another ‘money grab’ for someone trying to take advantage of the ridiculous court system in the USA that promotes frivolous lawsuits. Anyone with any sense would know you can’t get get a true custom fit from a generic kiosk machine for the masses. It’s never going to work for 100% of the population. But if it works for 75-80% or whatever that number is, but not you, then just suck it up and move on. It’s not like it’s a major investment. Don’t ruin what works for the majority of users just so you can have your day in court. Besides, is there not a 90 day money back guarantee? Hello !!, you don’t like then return them.
I totally agree that it caused so much back and hip pain after using it within a day and my friend told me that maybe it is still trying to fix my posture but i cannot bare the pain anymore so I only used it less than 2 days and I bought it in costco calgary canada around 5 years ago and until now it is still in my room sitting and wasted my money as if I am paying only to buy more pain instead of giving me relief…
Spent 300$ on customized orthotics from a chiropractor. Ankles gradually became swollen and knees weak after wearing for a week. Went back to see chiropractor and told I need shock therapy. Bought a pair of dr scholls orthotics And was better in 2 days. So who should sue who?
I bought a pair of inserts that have the arch support. I had them in my boots for 2 days and then I had a reaction to them. Both of my feet broke out in water blisters. Had to go to the doctor and she has me on antobotic’s for 7 days. I could not walk for 2 days. I will never purchase another set of them. Feet are better now.
sue everyone, the USA way… PATHETIC
My husband and I also bought thinking it was the best. Not so much. How to file a claim?
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
We’ve used these for over the last 5 years and found them to work very well. They are custom in the sense that a machine is used to measure pressure response and select the best of 14 possibilities.
I also, as a nurse, bought a few of these inserts over the years, being on my feet all day. I also bought some for my sneakers when I go to the gym. They really should not state customized orthopedic insoles, that should be by a podiartrist. Lesson learned
I have bought several pairs of Dr. Sholls orthotics over the last few years. Please tell me how to file a claim.
I have bought several pairs of Dr. Sholls orthotics. Please tell me how to file a claim.