Rather than incur additional legal expenses, Vibram USA will pay $3.75 million to settle a lawsuit that was filed by Valerie Bezdek in March 2012. Bezdek claimed the company was promoting its FiveFingers minimalist running shoes as a product that could reduce foot injuries and strengthen muscles, but was lacking scientific evidence as its base. After the original claim was filed, additional class action suits were filed against Vibram in Illinois and California, both of which were included in Bezdek’s case.

“Vibram expressly denied and continues to deny any wrongdoing alleged in the Actions, and neither admits nor concedes any actual or potential fault, wrongdoing or liability,” the court brief stated, according to Runner’s World.

The settlement is divided into two parts. The first refunds class members who have completed valid forms. Vibram will give $3.75 million to an escrow account that will partially refund class action members who bought a pair of FiveFingers “between March 21, 2009 and the date of the first dissemination of summary settlement notice or class notice, whichever is earlier.” While it has been stated people can get back as much as $94 on each pair, it’s more realistic to expect between $20 and $50 for each pair, Runner’s World reported.

Class members can submit a claim for two pairs of FiveFingers, but must provide proof of purchase and a claim form in order to seek refunds for three or more pairs. According to the court agreement, the attorneys for class members are able to receive up to 25 percent of the full settlement. Vibram also must pay as much as $70,000 of additional expenses to cover the plaintiff’s counsel. If there is any remaining amount from the $3.75 million after all payments have been distributed and legal costs have been covered, it will be donated to the American Heart Association for research related to the benefits of running.

The second part of the settlement is Vibram’s agreement to cease any form of advertising that suggests FiveFingers shoes can help to strengthen muscles or reduce injuries, at least until scientific evidence is collected. The company must also create a website that informs the public of the settlement, and must post banner advertisements on a number of websites that share information about the settlement in order to garner 300,000,000 impressions.

Image from Schnee on Wikimedia Commons