A federal judge has refused to completely end a class action complaint seeking to force the makers of Crocs to pay for allegedly failing to warn consumers its plastic foam footwear can shrink following exposure to heat and sun.
U.S. District Judge Trina Thompson ruled on the matter June 20. In the decision, the judge noted the plaintiffs alleged Crocs purchased between 2021 and 2024 were advertised to promote the footwear as ideal for gardening and visits to beaches and pools. Several plaintiffs said their Crocs shrunk to the extent they no longer fit despite only standard exposure to either heat or sunlight, such as on a San Diego beach or being left in a Fresno garage.
Thompson noted some plaintiffs’ failed in an attempt to intervene in other ongoing lawsuits before filing their own class complaint. Crocs moved to dismiss that complaint and strike the class allegations. However, Crocs didn’t oppose the consumers’ request she take notice of the motion they filed in the other lawsuit, docketed as Valentine v. Crocs.
Crocs sought to dismiss the class complaint because the plaintiffs’ didn’t give the company sufficient notice of the alleged defects before filing their warranty claims. Thompson noted the plaintiffs claimed Crocs knew about the shrinkage in July 2022, but agreed the plaintiffs didn’t show they were the ones who provided that notice to Crocs.
Click this link for the original source of this article.
Author: Faith Novak
This content is courtesy of, and owned and copyrighted by, https://www.offthepress.com and its author. This content is made available by use of the public RSS feed offered by the host site and is used for educational purposes only. If you are the author or represent the host site and would like this content removed now and in the future, please contact USSANews.com using the email address in the Contact page found in the website menu.
