Judge tosses all but one claim in case over shrinking Crocs

SAN FRANCISCO (CN) — A federal judge on Thursday threw out the majority of claims in a class action brought by Crocs customers over certain models of its shoes shrinking considerably when exposed to heat or sunny weather.

U.S. District Judge Trina Thompson rejected the plaintiffs’ fraud-based claims, ruling they failed to explain how Crocs’ size representation is misleading at the time of purchase. However, the Joe Biden appointee advanced plaintiffs’ implied warranty claim regarding design defect.

“This court intends to move forward with what plaintiffs’ claims are really about, which is an assertion that Crocs shoes fall below the level of quality for ordinary use that consumers should reasonably expect. This is not a case about fraud,” she said Thursday in her order.

Thompson found the plaintiffs failed to make a claim of affirmative fraud and refused to equate Crocs’ representation of shoe size with a promise that the shoe would maintain its size if exposed to extreme heat or sunlight.

“Defendant’s representation about the size of Crocs at the time of purchase says nothing about the products’ ability to maintain that size under different conditions. Again, the court finds that plaintiffs have not demonstrated how the shoe size representation is misleading,” she said.

The judge also discarded the plaintiffs’ fraud by omission claim as the plaintiffs did not provide evidence that the size itself is a misrepresentation or omission, nor had they offered what information the company would have to disclose to consumers about the shoe size to provide all material facts.

“The court is not clear how those details, which are in dispute, would be presented to consumers, nor have plaintiffs adequately plead reliance on the lack of information regarding heat-caused-shrinkage in making their purchases,” she said.

All claims, save for the plaintiffs’ implied warranty claim, are dismissed with prejudice.

Representatives for the parties did not immediately respond to a request for comment.

In their class action filed in December 2024, the plaintiffs claim they purchased the shoes to use in warm, sunny weather or at the beach, but the footwear shrank to the point of being unusable after being worn. They 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 customers accused Crocs of fraud, violating of the Consumer Legal Remedies Act, false advertising, negligent misrepresentation, deceptive trade practices, violating the Magnuson-Moss Warranty Act and breach of express and implied warranties.

In June 2025, Thompson granted Crocs’ motion to dismiss plaintiffs’ express warranty and fraud-based claims in part. In January, the judge threw out plaintiffs’ express warranty claims with prejudice, in addition to tossing plaintiffs’ fraud-based claims without prejudice.

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