Crocs Lawsuit Allowed to Proceed: Are Shrinking Shoes a Major Problem?

California sunshine might be great, but it could be wreaking havoc on your favorite pair of Crocs, according to a recently revived class action lawsuit. This week, a California federal judge ruled that the lawsuit against Crocs, alleging the shoes shrink significantly when exposed to heat and water, can move forward.

The lawsuit, led by California residents Martha Valentine and Ruby Cornejo, accuses Crocs of misleading customers about the durability of their shoes. Here's a breakdown of the key points.

Plaintiffs' claim shrinking shoes and deception

Valentine and Cornejo allege Crocs “intentionally misled and deceived” consumers by:

• Failing to disclose: They claim Crocs didn't disclose that their shoes, marketed as all-weather footwear, would shrink significantly when exposed to common elements like sunlight, heat, and water. This includes environments you might expect to wear Crocs in, like beaches, pools, hot cars, and even porches.

• Misrepresenting the product: The class action lawsuit argues that Crocs' advertising portrays their shoes as suitable for hot, sunny, and wet conditions. This creates a false impression of the product's ability to withstand these elements.

These alleged actions translate into legal claims of:

• Fraudulent concealment
• Fraud
• Negligent misrepresentation
• Breach of express and implied warranties

The lawsuit contends that these shrunken shoes are essentially defective and a violation of consumer protection laws.

Judge's ruling gives second chance for Crocs class action lawsuit

This lawsuit isn't new. Crocs previously attempted to have the case dismissed twice, arguing that the plaintiffs' claims lacked specifics. However, Judge Trina Thompson disagreed.

The plaintiffs' first attempt at a lawsuit stumbled because it lacked details about the specific Crocs advertisements they relied on. This time around, they learned their lesson. The amended complaint addressed this shortcoming by providing extensive information on Crocs' ads. These ads, the plaintiffs argued, misleadingly portrayed the shoes as suitable for hot, wet, and sunny conditions. This additional detail proved persuasive to the judge, who allowed the case to move forward.

"The allegations do not provide the exact date and time of advertisement exposure. However, such level of exactness is not required," Thompson ruled. “But the allegations are sufficiently particular to put the defendant on reasonable notice of alleged misconduct."

In a previous ruling last year, Judge Thompson trimmed some claims from the lawsuit but allowed key allegations to proceed. Crocs then challenged this decision with a motion to dismiss the amended complaint, but failed.

What this means

With the judge's recent April 5 ruling in the consumers’ favor, the Crocs shrinking shoes class action lawsuit can now move forward. This means both sides will gather evidence and potentially depose witnesses. Whether the case gets settled before trial or goes all the way to a verdict remains to be seen.

The plaintiffs are represented by Seth Adam Safier, Anthony J. Patek, and Kali Backer of Gutride Safier LLP.

The shrinking Crocs shoes class action lawsuit is Valentine, et al. v. Crocs Inc., Case No. 3:22-cv-07463, in the U.S. District Court for the Northern District of California.