Stick to Converse
Posted: 12:40 pm Fri, August 3, 2012
By Minnesota Lawyer Staff
Bar Buzz has always thought that those sneakers that promised to tone your muscles, relieve stress on your joints and otherwise change your life fit into the category of,” if it’s too good to believe, don’t believe it.”
A lawsuit in federal court here will examine that truism. The case, a putative class action, is against Target for its TrimStep shoes, which didn’t tone muscles, etc., as arguably promised.
Judge Joan Ericksen denied Target’s motion to dismiss, striking down Target’s proffered reasons that the complaint didn’t state a claim, including that what it said on the shoebox was obviously false, or, in legalese, “mere puffery.” Ericksen wrote, “Target asserts that no reasonable person would rely on the statements that the shoes provide any physical benefits.”