Vibram Settles FiveFingers Running Shoes Class Action Lawsuit

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UPDATE 5/13/14: The settlement administrator website (http://www.fivefingerssettlement.com/) is live, but there is not yet a claim form available to sign up. We expect the claim form to be available within 60 days and we will post an update when it is made available. 

UPDATE 5/29/14: Claim Forms for the Vibram class action settlement are now available! Click here for detailed instructions on how to file a claim.

UPDATE 11/20/14: The Final Fairness Hearing for the Vibram FiveFingers settlement was held on Oct. 29, 2014 and the plaintiffs have asked the judge to grant final approval to the deal. On Nov. 19, 2014, an objection was filed with the court and may delay the final approval of the class action settlement. The objector argues that the FiveFingers settlement is unfair to Class Members because they would receive benefits that are of substantially less value than was estimated in the notice.

UPDATE 12/31/15: On Dec. 31, 2015, the 1st U.S. Circuit Court of Appeals upheld the Vibram FiveFingers class action settlement, finding that the payout to Class Members is fair even if they will receive a far smaller refund than was estimated in the Class Notice.

Vibram USA Inc. has agreed to settle a class action lawsuit accusing the company of falsely advertising the health benefits of its FiveFingers footwear.

In March 2012, plaintiff Valerie Bezdek filed the class action lawsuit in Massachusetts federal court, seeking to represent a class of individuals in the United States who have purchased FiveFingers running shoes since March 21, 2009. Bezdek alleged that Vibram made misleading claims about the health benefits of the FiveFingers footwear, which are designed to mimic the experience of running barefoot.

According to Bezdek’s FiveFingers shoes class action lawsuit, Vibram claimed that the shoes improve posture, reduce the risk of injury and strengthen muscles. However, she says that the shoes may actually be more risky than running barefoot and may actually increase runners’ risk of injury because the shoes change the way they run. The class action lawsuit alleges that Vibram misrepresented research related to barefoot running.

A second Vibram FiveFingers class action lawsuit was filed in California federal court in July 2012 by plaintiff Ali Safavi. This class action lawsuit has been stayed pending a ruling on class certification in the Bezdek action.

Under the terms of the proposed Vibram class action settlement, Class Members who submit valid and completed Claim Forms will be eligible for refunds, up to a maximum of $94 per pair of shoes purchased. However, because the settlement will be paid on a pro rata basis, it is expected that Class Members who submit timely and valid Claim Forms will receive a refund in the range of $20 to $50 per pair. Any money that remains after all claims have been distributed will be donated to the American Heart Association to use for research about the health benefits of running.

Vibram has also agreed to discontinue certain aspects of its advertising and marketing campaign. Specifically, the company says it will no longer make claims that the FiveFingers shoes are effective at strengthening muscles or preventing injury unless those claims are supported by reliable scientific evidence. Under the terms of the class action settlement, Vibram will also refrain from making any other claims about the health benefits of the FiveFingers footwear unless they are supported by competent and reliable scientific evidence.

Vibram has denied any wrongdoing but agreed to settle the FiveFingers class action lawsuit to avoid the expense and uncertainty of trial.

The class is represented by Janine L. Pollack of Wolf Haldenstein Adler Freeman & Herz LLP; Glen DeValerio and Nathaniel L. Orenstein of Berman DeValerio; Timothy G. Blood and Thomas J. O’Reardon of Blood Hurst O’Reardon LLP; James C. Shah of Shepherd Finkelman Miller & Shah LLP; Michael K. Beck of Gary Roberts & Associates PA; Jayne A. Goldstein of Pomerantz LLP; Joshua E. Keller of Milberg LLP; Tony W. Breeden of The Breeden Law Firm; William M. Sweetman of Sweetnam LLC; and Patrick J. Sheehan of Whatley Kallas LLC.

The Vibram FiveFingers Running Shoes Class Action Lawsuit is Bezdek v. Vibram USA Inc., et al., Case No. 1:12-cv-01513, in the U.S. District Court for the District of Massachusetts.