A New York man, Joseph Rocco has filed a class action lawsuit against Adidas AG, alleging the sportswear company made inaccurate claims over their line of barefoot shoes: the adipure.
It was only back in March when a similar class action was filed against Vibram – the maker of the popular barefoot shoe, the Vibram Five Fingers for making false advertising claims over the shoes supposed health benefits. The claimants in that matter are seeking financial restitution.
So it was only a matter of time before similar cases followed. This time it is matter of Rocco et at. v Adidas America Inc. and will be heard by the U.S. District Court for the Eastern District of New York.
Rocco claims the $90 pair of adipure failed to provide the training efficiency and or decrease the risk of injury as Adidas promised. In fact, he argues wearing the shoe can actually lead to increased bruising of the foot and physical damage due to insufficient padding.
Rocco’s contends he and the others involved in the class action were not warned of the potential dangers that the barefoot shoe was exposing them to, which lead to him suffering a compound fracture in his foot. The claimants are seeking statutory damages and a refund.
Anyone that has worn a pair of Vibram Five Fingers or similar shoes to the adipure, can attest to the fact there is an adjustment period. Personally, after wearing my first pair of barefoot shoes for three weeks, I naively took them out for a 2k run and suffered severe pain in my ankles and Achilles for several months. However, I persevered and found that once I got over the initial adjustment period the shoe did deliver some benefits the advertisers claim.
Yet, if it can be established there was a foreseeable risk because Adidas failed to display or place a disclaimer on the shoe or in the box, Rocco may not only get his refund but his damages.
What are your thoughts? Do you think Rocco has a case to argue?