http://www.runnersworld.com/general-interest/vibram-settles-class-action-lawsuit
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The microwave needs to make my popcorn faster.
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So “dumbass” as I will refer to them, buys a product based on waffle, then wonders why it hasn’t changed their life…
Option 1. Take responsibility for their own stupidity and subsequent decision making
Option 2. Sue someone else…
Only one of the above takes them any closer to being less stupid…
No surprise that “dumbass” chose the one that secures them on the pathway to a truly empty mind…
Maybe the world should sue “dumbass” for the oxygen they are stealing…
I wonder if they have an Ab King Pro too… ???
Per the agreement the lawyers will receive 25% or about a million!
Maurice
when i read it, i thought, interesting, the FRS false advertising lawsuit went nowhere because of the theory of “puffery”, that is to say, companies are allowed to engage in puffery, i.e., they can bullshit about their products up to a point. this lawsuit was settled, so we don’t know what would have happened had it gone to a jury, but i think the difference between this and FRS is in perceived or possible harm done rather than in promised gains not realized. i think the outcome is about right all the way around.
Vibrams butthole just went from o to O
Other way around… They settled without admitting any wrongdoing. Their liability is now FIXED at 3.75 million. Vibram got some say in the outcome of this case by settling. Their spynchters are better tonight than they were last night.
The KNOWN 3.75 million is MUCH better than the unknown jury decision (plus ever increasing defense fees)
So Five fingers can help tighten the sphincter?.. who’d have thought it…
I bet their marketing bods are all over it… 
when i read it, i thought, interesting, the FRS false advertising lawsuit went nowhere because of the theory of “puffery”, that is to say, companies are allowed to engage in puffery, i.e., they can bullshit about their products up to a point. this lawsuit was settled, so we don’t know what would have happened had it gone to a jury, but i think the difference between this and FRS is in perceived or possible harm done rather than in promised gains not realized. i think the outcome is about right all the way around.
Great comparison with the FRS lawsuit. I don’t know about the bolded part, though.
Regarding the cases, I think the difference is simply what is and isn’t puffery. In the FRS case, the advertising essentially said, “What is Lance Armstrong’s secret weapon? FRS.” The court didn’t see “secret weapon” to be a quantifiable term, and it thought a reasonable consumer would not infer that using FRS would turn the user into a seven-time TDF winner. It’s like all the triathlon products that “improve performance” and other vagaries.
On the other hand, VFF made some very specific, quantifiable claims. They said “the benefits of barefoot running have long been supported by scientific research,” “there is ample evidence that training without shoes allows you to run faster and farther with fewer injuries,” etc. The plaintiff contrasted that with the American Podiatric Medical Association’s statement that research hasn’t really concluded anything regarding the immediate and long-term effects of barefoot running. For reasons unknown to us, the VFF folks thought the risk-adjusted cost of moving forward was at least $3MM (or whatever the exact amount was).
Another class action lawsuit with rich rewards to the lawyers, minimal benefits to the alleged victims, and a total rip off of industry. Justice would be if the lawyers bringing the suit were all disbarred.
your analysis seems more reasonable than my analysis.