United States:
Court Says Dr. Scholl's Didn't Mislead Consumers With Its "Custom Fit" Claims
14 February 2018
Frankfurt Kurnit Klein & Selz
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A federal appeals court affirmed a lower court ruling that Bayer
AG did not mislead customers by advertising its shoe inserts as
being "custom fit."
When customers visit an in-store kiosk, after taking
measurements, the kiosk recommends a shoe insert, based on the 14
sizes that are available. The court determined that advertising
these inserts as "custom fit" wasn't likely to
mislead consumers, acting reasonably.
* * *
At oral arguments in mid-January, the
three-judge Second Circuit panel asked Berg how a reasonable person
could be tricked into thinking they were avoiding a costly
doctor's appointment and getting unique inserts if they
ultimately had to go to a shelf and choose one of 14 models.
https://www.law360.com/articles/1008655/2nd-circ-affirms-dismissal-of-
www.fkks.com
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