Board Says that Shape-ups Advertising Claims Are Accurate, Truthful and “Prepared with a Due Sense of Social Responsibility to Consumers and Society”
The United States Patent and Trademark Office Issues Skechers a Utility Patent on the Unique Shape-ups Midsole Technology
MANHATTAN BEACH, Calif.--(BUSINESS WIRE)--SKECHERS USA, Inc. (NYSE:SKX), announced today that an independent review Board said that Skechers Shape-ups advertising claims are accurate, truthful and “prepared with a due sense of social responsibility to consumers and society.”
In a related development, Skechers further announced today that the United States Patent and Trademark Office this week issued Skechers a utility patent on its unique Shape-ups midsole technology, the part of the shoe which is key to imparting fitness benefits to users, including “muscle strengthening and toning, better posture, improved cardiovascular health, less stress on joints, and improved circulation.” (U.S. Patent No. 7,779,557).
On August 10, 2010, the New Zealand Advertising Standards Authority (“ASA”) ruled that “the claims in the [Shape-ups] advertisement regarding muscle tone, posture and weight loss had been substantiated by [Skechers] and therefore were not likely to mislead or deceive consumers.”
This is the second time in recent months that independent panels have made favorable rulings relating to the claims that Shape-ups tone muscle, improve posture and promote weight loss. Earlier this year, Australia’s independent Therapeutic Products Complaints Resolution Panel (CRP) dismissed complaints by two competitors of Skechers who alleged that Shape-ups did not provide the benefits of weight loss, muscle toning and improved posture.
The Australian CRP stated that Skechers “provided a substantial amount of evidence in support of the claims” that Shape-ups promote weight loss, tone muscles and improve posture and found that Skechers’ competitors failed to provide any argument or evidence to challenge Skechers’ claims.
“We’re not the least bit surprised by these decisions, which we feel confirm what we have been saying all along – that the facts and science support Skechers’ claims and are largely responsible for the success of Shape-ups,” said Leonard Armato, President of Skechers Fitness Division.
In the most recent ruling, the New Zealand ASA reviewed four separate studies done on Shape-ups, two conducted by Dr. Steven Gautreau, D.C.; one by a major Southern California Hospital; and another by Juntendo University in Japan. The ASA also reviewed a separate report prepared by Kendle Pty. Ltd., a biopharmaceutical research organization which independently evaluated the Shape-ups claims and the four studies used to support those claims.
“In recent weeks, Shape-ups have been the subject of a scientifically worthless report claiming to be a 'study' and questioning our advertising claims for Shape-ups without providing any raw data,” Armato said. “The report was also referenced in misleading and biased news coverage. These recent decisions go a long way toward answering the critics. While we are happy to address any complaints raised in the future, we will aggressively defend the integrity of this great product from baseless complaints and junk science attacks.”
Armato continued: “Shape-ups advertising claims are substantiated by solid scientific testing, but the best substantiation is the sheer popularity of the shoe. Skechers has received literally thousands of unsolicited testimonials from customers praising Shape-ups and saying that they received the benefits claimed.”
SKECHERS USA, Inc., based in Manhattan Beach, California, designs, develops and markets a diverse range of footwear for men, women and children under the SKECHERS name, as well as under several uniquely branded names. SKECHERS footwear is available in the United States via department and specialty stores, Company-owned SKECHERS retail stores and its e-commerce website, as well as in over 100 countries and territories through the Company’s global network of distributors and subsidiaries in Canada, Brazil, Chile, and across Europe, as well as through joint ventures in Asia.
This announcement may contain forward-looking statements that are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. Forward-looking statements include, without limitation, any statement that may predict, forecast, indicate or simply state future results, performance or achievements, and can be identified by the use of forward looking language such as "believe," "anticipate," "expect," "estimate," "intend," "plan," "project," "will be," "will continue," "will result," "could," "may," "might," or any variations of such words with similar meanings. Any such statements are subject to risks and uncertainties that could cause actual results to differ materially from those projected in forward-looking statements. Factors that might cause or contribute to such differences include international, national and local general economic, political and market conditions including the global economic slowdown and the ongoing financial crisis and market instability; entry into the highly competitive performance footwear market; sustaining, managing and forecasting costs and proper inventory levels; losing any significant customers, decreased demand by industry retailers and cancellation of order commitments due to the lack of popularity of particular designs and/or categories of products; maintaining brand image and intense competition among sellers of footwear for consumers; anticipating, identifying, interpreting or forecasting changes in fashion trends, consumer demand for the products and the various market factors described above; sales levels during the spring, back-to-school and holiday selling seasons; and other factors referenced or incorporated by reference in the Company’s Form 10-K for the year ended December 31, 2009 and Form 10-Q for the quarter ended June 30, 2010. The risks included here are not exhaustive. The Company operates in a very competitive and rapidly changing environment. New risks emerge from time to time and the Company cannot predict all such risk factors, nor can the Company assess the impact of all such risk factors on the business or the extent to which any factor, or combination of factors, may cause actual results to differ materially from those contained in any forward-looking statements. Given these risks and uncertainties, you should not place undue reliance on forward-looking statements as a prediction of actual results. Moreover, reported results should not be considered an indication of future performance.
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Tony Knight, 310-788-2850