The lawsuit is absolutely terrible.
They cannot say that Vibram claims to tone you, unlike Skechers Shapeups, fit-flop, or Reebok Easytone. They just claim a barefoot experience.
Also, people have forefoot/midfoot even without VFFs (like me).
If instead of Vibram Five Fingers they were called "Vibram Toe Strengtheners" or "Vibram calf toners" I would say maybe they have a case. In all the advertising it says "no pronation control, no arch support, no drop" , i.e. "you are the technology". Nowhere does it mention anything about increasing your fitness.
It's probably just a bunch of American Podiatric Medical Association shills (orthotics anyone?) or people that got TMTS and then complained to their podiatrist.
It does not appear that Defendants mention on their website that some runners attempting to transition to FiveFingers may never adjust their form.
This part makes me sad. Do people not read the warnings?
Also there's a big fat warning sign on the box of my Vibram five fingers, Merrell Barefoot (Like any new exercise regimen, listen to your body and build your Merrell Barefoot activities slowly), and vivobarefoot (TRANSITION SAFELY). So the suit is going nowhere.
Even the hang tag attached to FiveFingers refers consumers to Defendants’ website with the following language: “If you are running in FiveFingers for the first time, we encourage a very gradual transition to ensure a safe and pleasurable experience. Please visit our website, www.vibramfivefingers.com
for resources related to natural running and training.” Not surprisingly, Defendants’ website had 5,806,936 page views in one month alone.20
So even in their own lawsuit, they have a clause that indemnifies Vibram.