Target Sued for False Ads for Toning Shoes; Not Mere Puffery, Claims Will Go Forward

A putative class action by a woman alleging Target Corp. violated Minnesota consumer protection law by falsely advertising the health benefits of its TrimStep shoes survived a Fed. R. Civ. P. 12(b)(6) motion to dismiss because Target’s statements were “capable of being proved false,” a federal district court in Minnesota held July 27 (Laughlin v. Target Corp., D. Minn., No. 12-489 (JNE/JSM)).

Judge Joan N. Ericksen of the U.S. District Court for the District of Minnesota said Target claimed its TrimStep “toning” shoes provided specific health benefits—a statement that could not be classified as non-actionable puffery.

“The statements ...