Crocs tells judge there is no evidence its shoes shrink in hot weather

SAN FRANCISCO (CN) — Crocs asked a federal judge Tuesday to dismiss a proposed class’s claims that some of its models of shoes considerably shrink when exposed to heat or sunny weather.

The plaintiffs filed their complaint in December and claimed that they purchased the shoes to use in warm, sunny weather or at the beach but after wearing the shoes, they shrank to the point of being unusable.

The plaintiffs say they relied upon advertising from Crocs showing people wearing the shoes at the beach or engaging in warm-weather activities, and they would have paid less for the shoes had they known they could shrink.

The proposed class is suing Crocs for fraud, deceit, and/or misrepresentation; violation of the Consumer Legal Remedies Act; false advertising; negligent misrepresentation; unfair, unlawful, and deceptive trade practices; breach of express and implied warranties; and violation of the Magnuson-Moss Warranty Act. They’re requesting a jury trial and damages.

At a hearing Tuesday, Crocs’ counsel Becca Wahlquist, told U.S. District Judge Trina Thompson that the complaint is “almost word for word” a repeat of a similar lawsuit the judge dismissed in 2022. Wahlquist said the complaint does not sufficiently state fraud allegations, that the plaintiffs haven’t shown that there is a substantial likelihood that the shoes can shrink with regular use in sunny weather or that the plaintiffs had even seen the advertisements in the complaint.

“Plaintiffs are claiming it’s a defect that plastic shoes can shrink in extreme heat. But they don’t in this complaint, or anywhere show that other plastic shoes can survive extreme weather without issues,” Wahlquist said.

She added that less than 0.1% of complaints submitted to Crocs concern shrinkage of any shoes.

“If you can wear your shoes in ordinary use and they are holding up while you’re wearing them in ordinary use, our argument has always been that there’s no defect in the shoe,” she said. “Under California law, there has to be a reasonable manifestation of a defect before it can cause you injury, because otherwise anybody could bring a class action lawsuit on anything they buy as long as one person somewhere, somehow, could find a way to get injured by it.”

Seth Safier, representing the proposed class, said that it is “indisputable” that Crocs shoes, when exposed to ordinary sunlight, can shrink up to a size down, and if the case proceeds to discovery, he will show exactly how.

“Once this case goes forward we will measure each one of these named plaintiffs’ shoes and learn that they have all shrunk. They are all unwearable now,” Safier said, adding that at the pleading stage he has no obligation to show that other plastic shoes besides Crocs shrink in hot weather.

On rebuttal, Wahlquist again asked for dismissal with prejudice and said that it is a disputed fact that the shoes shrink at all, and pointed out that each member of the proposed class was offered a replacement pair of shoes if they wanted them.

Thompson, a Biden appointee, promised a ruling soon, but also told the parties not to expect anything for at least 14 days while she considers the facts.