There are few types of footwear more divisive than Crocs. Their supporters laud the comfort, ease of wear, and the multitude of colors and patterns the plastic shoes are available in. Detractors dismiss Crocs as clunky, lacking arch support, and having a loose fit. While the two sides may be far apart on their opinions, there's no denying the overwhelming success of Crocs and its place in modern footwear.
A U.S. district judge found them equally as schismatic with her June 20, 2025 decision on the company's motion to dismiss and strike a class-action lawsuit. Judge Tina Thompson ruled that the plaintiffs' allegations of fraud hadn't met the burden of proof required to continue and that some members of the suit had signed on after the statutes of limitations had passed in some states.
It wasn't a total walk in the sun for Crocs, as Judge Thompson denied motions and strikes on certain express warranty claims and will allow the plaintiffs to amend the suit.
With the flurry of grantings and denials involved, this order may well find itself as a case study of legal complexity in law school classrooms. For now, it's about shrinking shoes and unhappy feet.
It's Better To Slip On Than To Slip Up
There are very few types of footwear that have achieved the same level of recognition as Crocs. Introduced in 2002, there was nothing like them available at the time. Since then, over 850 million pairs of the distinctive shoes have been sold in varying iterations that include dozens of colors and patterns. Renowned for their ease in slipping on and off, they've been marketed as the ultimate comfort shoe, perfect for gardening and trips to the beach.
About 80% of the company's products are constructed using a proprietary substance called Croslite. This trademarked material is partially made with an ever-increasing amount of plant-based bio-circular content, such as waste cooking oil from restaurants. While Croslite is an essential part of what a Croc shoe is, it's also a central focus of the legal action against the company.
The class-action lawsuit, filed in December 2024, alleges that certain types of Crocs shoes can shrink and/or warp when exposed to significant amounts of sunlight or heat. It claims this is in direct opposition to decades of Crocs advertising showing the shoes in situations that would expose them to these elements.
Asserting that Crocs was aware of this problem, the lawsuit contains allegations of:
- Fraud, deceit, and/or misrepresentation
- Violation of the Consumer Legal Remedies Act
- False advertising
- Negligent misrepresentation
- Unfair, unlawful, and deceptive trade practices
- Breach of express and implied warranties
- Violation of the Magnuson-Moss Warranty Act
It seeks damages through a jury trial.
In a motion for dismissal and to strike filed in April 2025, Crocs challenged the assertion that their Croslite-constructed shoes have an abnormal shrinkage problem. They stated that approximately 0.1% of the complaints the company has received have been related to that issue.
Claiming that the lawsuit was almost identical to a suit Judge Thompson dismissed in 2022, they argued that the plaintiffs failed to show Crocs were any more susceptible to heat than other plastic shoes or provide the specific advertisements they claimed were fraudulent.
You Might Want To Use a Scorecard
Judge Thompson's ruling on Crocs' motions is a split decision. On the shoemaker's side of the ledger, the fraud-based charges were dismissed, along with some of the express warranty claims. The expiration of timely filing under relevant statute of limitations was also applied, removing two years' worth of litigants from the suit.
However, the judgment did not dismiss express warranty claims based on Crocs' advertising, as well as implied warranty claims alleging the company's products are of lower quality than similar shoes. It also allows the plaintiffs a chance to amend the complaint to address the ruling.
With part of the suit surviving, it appears that disgruntled Crocs customers may well get their day in court. If so, wearing a fancier type of footwear is recommended.
Related Resources:
- Buying Goods and the Law (FindLaw's Legal Guide to Consumer Transactions)
- Consumer Law Warranty Basics (FindLaw's Consumer Protection Law)
- What Is a Motion To Dismiss? (FindLaw's What To Expect When Going to Court)
