Robbie Hargett Mar. 10, 2016, 2:15pm


NEW YORK (Legal Newsline) - A New York man is suing two consumer health companies, alleging they misrepresent their foot insert products.

James Kommer of Saratoga County, individually and for all others similarly situated, filed a class action lawsuit Feb. 29 in U.S. District Court for the Southern District of New York against Bayer Consumer Health and MSD Consumer Care, alleging violations of the New York General Business Law.

The suit alleges the defendants deceive consumers with foot pain in their advertising of their over-the-counter shoe inserts, such as the Dr. Scholl's custom fit orthotic inserts.

The complaint states the "custom fit" claim is false in that the inserts are standardized, factory-manufactured inserts that do not compare to an actual custom orthotic device, which is tailored to the specific measurements of a patient's feet and is based on a detailed examination and diagnosis from an actual orthopedist or other medical professional.

Kommer and others in the class seek statutory and treble damages, injunctive relief, interests, costs and attorney fees. They are represented by attorneys James R. Denlea, Jeffrey I. Carton and Robert J. Berg of Denlea & Carton in White Plains, New York.

U.S. District Court for the Southern District of New York Case number 1:16-CV-01560-DAB

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