01/06/2016    

IN THE COURTS

IL Podiatrists Sue Makers of Dr. Scholl's Inserts

 

A group of podiatrists is not "gelling" with advertising claims made by the makers of over-the-counter foot care brand Dr. Scholl’s about just how "custom" is the fit of the brand's retail orthotic inserts. Podiatrist Dr. Lowell Scott Weil and Des Plaines-based Weil Foot and Ankle Institute LLC, which employs 17 podiatrists, filed a class action lawsuit Dec. 22 in Chicago federal court against Dr. Scholl’s parent company, Bayer AG, and its subsidiaries Bayer HealthCare LLC and Bayer Consumer Care LLC, as well as Dr. Scholl’s former parent Merck & Co. Inc. and MSD Consumer Care Inc. The lawsuit charges the companies with false advertising and unfair competition in the marketing of Dr. Scholl’s Custom Fit Orthotic inserts.

 

Dr. Lowell Weil, Sr.

 

The podiatrists argue that the very name of the product is false and misleading. Using definitions from Merriam Webster and from the American Podiatric Medical Association, the lawsuit defines “orthotic” as a medical term and notes that Illinois law requires anyone prescribing orthotic devices be licensed by the state. Prescription orthotic devices are made custom for each individual patient to address that patient’s unique foot, ankle, and leg structure, the lawsuit stated.

 

Source: Dana Herra, Cook County Record [1/4/16]