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ARTICLE · 23 MAY 2012

FTC Warns Marketers to "Shape Up Or Tone Down"

Bradley Arant Boult Cummings LLP
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"Shape up your substantiation or tone down your claims" was the message delivered by the FTC last week with its much publicized settlement with Skechers, the leading maker of toning fitness shoes.

United StatesConsumer Protection
Jay Levine
Jay Levine
Thor Urness
Thor Urness

Actually, the full quote was "shape up your substantiation or tone down your claims" and the FTC official who said it was speaking at the announcement of a settlement with Skechers, the leading maker of "toning" fitness shoes. According to the FTC, Skechers made numerous false and deceptive claims about the weight loss and muscle-strengthening benefits people would receive from its toning shoes, compared to regular fitness footwear. These ads featured high-profile celebrities, such as Kim Kardashian and Brooke Burke. Toning shoe sales have increased exponentially in the last few years, from $17 million in 2008 to a peak of close to $1 billion in 2010. Among other things, Skechers has agreed to $40 million in consumer redress, plus a payment of $5 million to state attorneys general. The settlement comes just eight months after Reebok settled similar charges for $25 million.

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