The National Advertising Division of the Council of Better Business Bureaus Claims (“NAD”) has recommended that Gravity Defyer, Inc. discontinue advertising claims that promote certain health benefits associated with wearing the company’s Gravity Defyer shoes.
According to the NAD, Gravity Defyer makes the following claims on its sneakers, shoes, and sandals:
- “Scientifically engineered to Defy Gravity.”
- “Defy Pain, Defy Aging, Defy Fatigue.”
- “They ease the force of gravity, relieving stress on your heels, ankles, knees and back. They boost your energy by propelling you forward.”
- Gravity Defyer Benefits include:
- Relieve pain
- Ease joint & spinal pressure
- Reduce fatigue & tiredness
- Be more active
- Have more energy
- Appear taller
- Jump higher, walk and run faster
- Have instant comfort
- Cool your feet & reduce foot odor
- Elevate your performance
- “85% of people — Ankle and foot pain gone.”
- “90% of people — Exercise 20% longer with no fatigue.”
- “97% of people — Most comfortable shoe ever.”
While the NAD determined that some of these claims constituted permissible puffery (as reasonable consumers would be unlikely to expect that footwear allows them to actually defy the laws of physics), NAD also concluded that many of the claims at issue were health-related and required competent and reliable scientific evidence as support. The NAD concluded that Gravity Defyer’s testing was insufficient to support its health-related product performance and benefit claims and therefore recommended the discontinuation of quantified health-related claims and the consumer testimonial.
If you would like more information about this, please fill out the form on the right or contact the following attorney:
Andrei Rado, Esq.
Milberg LLP
One Pennsylvania Plaza, 49th Fl.
New York, NY 10119-0165
Phone number: (800) 320-5081
Email: arado@milberg.com
Milberg LLP has been representing consumers and investors for more than four decades and serves as lead counsel in federal and state courts throughout the United States. Please visit the Milberg website for more information about the Firm.
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