False Advertising Suit Against Crocs Denied Class Certification

Two Crocs Inc. customers claiming the company falsely advertised shoes as all-weather even though they shrink in exposure to high heat can’t move their suit forward as a class action, a federal judge ruled.

Since the allegedly defective shoes were purchased from a third-party retailer, it makes Ruby Cornejo “uniquely vulnerable” and atypical to the rest of the proposed class members, Judge Trina L. Thompson, of the US District Court for the Northern District of California, wrote in a Wednesday opinion.

“Because Plaintiffs concede that Cornejo lacks vertical privity required by the implied warranty claim, Cornejo is not typical to ...