L.L. Bean Zippered Boots Not as Waterproof as Advertised, Class Action Says
Lenzi v. L.L. Bean, Inc.
Filed: February 17, 2023 ◆§ 6:23-cv-06117
A class action lawsuit alleges L.L. Bean has misled consumers by falsely claiming that its line of zippered boots is waterproof.
New York
A proposed class action lawsuit alleges L.L. Bean has misled consumers by falsely claiming that its line of zippered boots is waterproof.
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The 122-page lawsuit says that L.L. Bean’s waterproof claims are misleading because the boots’ zipper closures are not waterproof themselves or backed with a waterproof gusset, which allows moisture to penetrate through the zipper.
As one of the most popular outdoor apparel brands, L.L. Bean is able to charge a premium for the footwear while “knowingly and intentionally pass[ing] off to consumers inferior non-waterproof boots that allow water infiltration,” the suit contends.
According to the case, L.L. Bean’s waterproof claims are uniform across the company’s marketing materials. The representations are prominently featured on in-store displays, LLBean.com, the webpages of retail partners and the products themselves, and in social media campaigns and L.L. Bean catalogs, the complaint says.
Displays at brick-and-mortar stores state that the boots are “Waterproof & Breathable,” and the footwear is labeled as “WATERPROOF” on the tag, insole, and on shelving displays, the filing reports. Similarly, LLBean.com promotes its TEK2.5 waterproof system as “the most advanced technology available” to create a waterproof barrier against moisture, the suit relays.
As the case tells it, product descriptions found on the L.L. Bean site claim the boots are “[w]aterproof/windproof/breathable,” “provide the waterproof protection of rubber boots,” and include a “[w]aterproofed full-grain-leather upper and exclusive TEK2.5® waterproof membrane keep feet dry.”
To be truly impermeable, however, a boot’s zipper must also be waterproof, or must be sealed with a waterproof backing called a gusset, the lawsuit says. Per the suit, waterproof zippers are expensive, costing about $40 to $45 per foot compared to non-waterproof zippers at $0.35 cents to $2.30 per foot.
Despite its products’ waterproof claims, L.L. Bean nevertheless “purchased cheaper non-waterproof zipper closures, put them on its Products without using a waterproof gusset, and then mislabeled, warranted and otherwise advertised the Products to consumers as ‘waterproof,’” the case summarizes.
The plaintiff, a New York resident, bought a pair of Women’s Storm Chaser boots from an L.L. Bean retail store in March 2020, and water purportedly leaked into the boots the next month when the woman wore them outside in inclement weather, the complaint relays. The lawsuit relays that reviews on LLBean.com indicate that other customers have experienced similar issues.
After receiving notice of the false advertising allegations from the plaintiff in April 2022, L.L. Bean purportedly modified certain parts of its marketing, including altering in-store shelf display labels so that they now identify the boots as “WATER RESISTANT,” the suit claims.
Further, the defendant has also reportedly modified various product descriptions on its website to include a disclaimer that states the zippers are not waterproof and that the boots are “not designed to stay submerged in water,” the complaint adds.
“Had Plaintiff and Class members known about the false and misleading nature of L.L. Bean’s claims and warranties that the Products were ‘waterproof,’ they either would not have purchased the Products or would have paid less for them,” the suit asserts.
The filing alleges that the following products are misrepresented as waterproof by L.L. Bean:
- Women’s Storm Chaser Boots 5, Zip;
- Men’s Storm Chaser Boots 5, Zip;
- Men’s Storm Chaser Side Zip Boots (Ballistic Mesh);
- Women’s Carrabassett Waterproof Boots, 12” Zip;
- Women’s Snowfield Waterproof Boots, Tall Insulated;
- Women’s Waterproof Nordic Boots with Artic Grip, Suede;
- Women’s Park Ridge Casual Boots, Tall;
- Women’s Park Ridge Casual Boots, Mid;
- Women’s Rugged Cozy Boots, Mid Side-Zip; and
- Bean Boots, Front-Zip.
The lawsuit looks to represent anyone in the United States who purchased any of the products listed on this page during the relevant statute of limitations period.
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