Doctors Not Gellin' with Custom Orthotics Claims from Makers of Dr. Scholl's Inserts


Podiatrist 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., charging the companies with false advertising and unfair competition in the marketing of Dr. Scholl’s Custom Fit Orthotic inserts.

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.  MORE