Crocs, the beloved brand known for its colorful foam clogs, is currently on unsteady legal footing. They’re currently fending off accusations of misleading consumers about shoe sizes with a recent class-action lawsuit. And they’re also tangled in a trade secrets fight with a rival footwear company, highlighting Crocs' formidable position in a clogged market.
Shrinking clogs, big problems
In November 2022, a group of disgruntled consumers filed a class-action lawsuit against Crocs in California. They allege that Crocs' shoes, made with the brand's signature Croslite material, shrink after purchase, transforming them from airy to airtight. According to the lawsuit, this “shrinking” problem is a design flaw that fundamentally undermines the shoes’ purpose and is essentially fraud. The accusations include “fraudulent concealment,” “misrepresentation,” and “false advertising” because Crocs supposedly kept mum about this shrinkage issue.
Consumers are understandably kicking up a stink — and not because of smelly feet. Having bought Crocs based on the advertised sizes only to find them shrunk puts these folks in a tight squeeze. The complaint states, “This design flaw defeats the fundamental purpose of the products since the shrinkage renders them unwearable and worthless.”
Fast forward to June 2023 when Crocs tried to have the lawsuit dismissed, arguing that the claims were groundless. However, a federal judge remained unswayed and decided the case should continue. Crocs will have to lace up and defend itself against these allegations in court.
Clog kings or design monopolizers?
As if one lawsuit wasn’t enough, Crocs is also dealing with another legal scuffle, this time with Joybees, a rival footwear company.
In 2021, Crocs sued Joybees, accusing the company and its CEO of unfair competition, alleging that the latter was a former Crocs employee who unlawfully took proprietary information and created their own brand of foam clogs.
Joybees countered in July 2023, accusing Crocs of monopolizing the market related to a specific clog design and violating antitrust laws.
The case is still ongoing. While the nitty-gritty details of these alleged trade secrets are kept hush-hush, this lawsuit highlights Crocs' commanding presence in the clog market. Joybees is on a mission to prevent Crocs from walking all over them.
If the shoe fits, wear it
These legal entanglements spell a significant challenge for Crocs. The company will have to compensate many unhappy customers if the class-action lawsuit succeeds. Meanwhile, losing the trade secrets case could put a crimp in Crocs’ design capabilities.
Crocs has every opportunity to defend itself in court, but these lawsuits cast a shadow over their business practices and the brand’s dominance in the clog market.
Waiting for the other shoe to drop
Consumers who have experienced the shrinking Crocs dilemma should keep a close eye on the class-action lawsuit to see if they might be eligible for compensation. The legal wrangling surrounding Crocs will likely continue for some time, making for an interesting watch as these cases unfold.
As a savvy consumer, here are a few things to keep in mind:
- Size matters: When buying Crocs, try them on in person to ensure a perfect fit. Don’t just trust the size label.
- Receipts are gold: If your Crocs start to shrink, those receipts could be your ticket to a refund or replacement.
- Stay in the loop: Follow the class-action lawsuit’s progress to see if you’re entitled to compensation.
Crocs might still be your go-to for comfy, colorful footwear, but these legal hiccups are a gentle reminder to stay alert for potential pitfalls and make well-informed buying decisions. If these cases tell you anything, it’s that even the most iconic clog can lose its footing.
Are you a victim of shrinking Crocs? At LaGrandeur & Williams, we provide legal services with a personal touch. For experienced and dedicated legal assistance in Western Washington, contact us today.