Mark Boling, State Bar No. 101589
Attorney at Law
21986 Cayuga Lane
Lake Forest, CA 92630
(714) 931-2882

Attorney for Plaintiffs 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF ORANGE, CENTRAL JUSTICE CENTER

Case No.   00CC09419

FILED 8/8/2000 


JEFF WYNTON, individually and on behalf of the General Public, CONSUMER 
JUSTICE CENTER, a California Non-Profit Corporation, on behalf of the General 
Public, Plaintiffs, v.FLORSHEIM GROUP, INC., a Delaware Corporation; SHOE 
EMPORIUM, a California unknown business entity; DOES 1-100, Defendants. 
COMPLAINT FOR EQUITABLE RELIEF, ATTORNEY FEES AND COSTS.Violation of 
California Civil Code § 1770 Violation of California Business & Professions 
Code §§ 17200 , et seq. 

Plaintiffs, individually and on behalf of the General Public, allege as 
follows: 

1. This action is brought to remedy violations by the Defendants of state 
consumer protection statutes and in connection with Defendants' false 
description and/or false and misleading representations and advertisements, 
and course of conduct arising out of the sale of its products. 

QUICK SUMMARY 

2. In brief, Plaintiffs are informed and believe and thereon allege that 
DEFENDANTS sold and/or continue to sell a consumer product named MAGNEFORCE 
SHOES (hereinafter the "PRODUCT") to California consumers and/or the General 
Public by making misleading, deceptive, false, unfair, and/or unlawful 
representations to the General Public. 

3. Defendants claim that the MAGNEFORCE SHOES correct a mythical "magnetic 
deficiency". 

4. Defendants also claim that the MAGNEFORCE SHOE product "generates a 
deep-penetrating magnetic field which increases blood circulation; reduces 
leg and back fatigue; and provides natural pain relief and improved energy 
level." 

5. Defendants also make an "establishment claim", claiming that their claims 
are established and proven by scientific studies. 

6. MAGNEFORCE SHOES are sold at approximately $122 plus tax. Comparable shoes 
without magic magnets are generally priced substantially lower. Thus, the 
General Public is scammed out of substantial money, which unjustly enriches 
Defendants. 

JURISDICTION 

7. This court has jurisdiction over this action pursuant to California 
Business and Professions Code § § 17202 and 17203, and California Civil Code 
§ 1780. 

PLAINTIFFS 

8. The Plaintiffs are JEFF WYNTON, a California consumer, individually and on 
behalf of the General Public; and CONSUMER JUSTICE CENTER, a California 
non-profit corporation, on behalf of the General Public. 

STANDING 

9. Plaintiffs have standing to bring this action on behalf of the General 
Public pursuant to Stop Youth Addiction, Inc. vs. Lucky Stores, Inc. (Cal. 
02/23/1998; 17 Cal.4th 553). 

VENUE 

10. Plaintiff CONSUMER JUSTICE CENTER, a California non-profit corporation, 
is and at all relevant times herein mentioned, a California Non-Profit 
Corporation, with the principal place of business located in the County of 
Orange, State of California. 

11. Plaintiff JEFF WYNTON is a California consumer who bought a pair of 
MAGNEFORCE SHOES, on or about July 20, 2000, for personal use, at Defendant 
retailer SHOE EMPORIUM, located at 24155 Laguna Hills Mall, Suite 1830, 
Laguna Hills, County of Orange, California 92653. 

12. Substantial numbers of the PRODUCT were sold in Orange County, California 
in the last four years. 

13. Venue is proper in this Court pursuant to California Code of Civil 
Procedure § § 395(b) and 395.5, California Civil Code § 1780(c) and 
California Business and Professions Code § § 17202 and 17203. 

FACTUAL ALLEGATIONS-ALL DEFENDANTS 

14. Defendants and each of them at all relevant times mentioned herein 
manufactured, produced, advertised, offered for sale, and/or did cause to be 
sold within the State of California certain consumer products, labeled 
"MAGNEFORCE SHOES". 

15. Defendants caused certain representations to be made to consumers 
regarding the MAGNEFORCE SHOES. These representations were made through print 
and broadcast media, the World Wide Web, labels and advertisements on the 
MAGNEFORCE SHOES package, and through other media. These representations were 
made for the purpose of inducing consumers to purchase the MAGNEFORCE SHOES. 

16. The MAGNEFORCE SHOES advertisement, published on the INTERNET at 
http://www.florsheim.com is attached hereto as EXHIBIT "1", and is 
incorporated fully herein by this reference. 

17. Defendants have published the following representations, which are 
deceptive and misleading and/or false, to the public for the purpose of 
selling MAGNEFORCE SHOES: 

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MAGNEFORCE 

The first shoe with its own power supply. Comfortable, quality footwear 
constructed with a lightweight, flexible magnetic insole to generate a 
deep-penetrating magnetic field which increases circulation; reduces foot, 
leg and back fatigue; provides natural pain relief and improved energy level. 

WHAT IS MAGNETIC THERAPY? 

Magnetic therapy is the application of magnetic fields to living things. It 
is a non-invasive therapy, not involving needles, pills drugs or surgery. 

HOW MAGNETIC THERAPY WORKS 

Research indicates that in general, magnetic therapy works because of the 
electromagnetic nature of the body. Functionally, according to biomagnetic 
researchers, the brain generates an electromagnetic current that controls 
every motor and sensory response in our body. Every cell in our body consists 
of electrically charged particles that are either positive or negative ions. 
All are directly affected by exposure to external magnetic fields. 

Magnets generate a magnetic field that penetrates the skin, tissue and bones. 
Studies show this increases blood flow, thus enhancing the body's healing 
process. The improved circulation has been shown to bring in oxygen and 
nutrients. 

Magnetic fields have also been shown to normalize the body's pH, the 
acid/alkaline balance which creates an internal environment conducive to good 
health. While magnetic therapy is not effective on everyone, most studies 
indicate many individuals have benefited from this non-invasive approach to 
healing. 

MAGNETIC DEFICIENCIES 

Physicists estimate that because the earth has lost some of its 
electromagnetic field over the past 4,000 years, it is possible that some of 
us suffer from a magnetic deficiency. 

Many believe that high quality magnetic products can help to compensate for 
much that is happening to our bodies. Within a few more years, the use of 
magnetic therapy is projected to become as widely accepted in the United 
States as it has been for centuries in many other parts of the world. 

THE FLORSHEIM MAGNEFORCE STORY 

While removable magnetic insoles for footwear have been available for many 
years, to our knowledge, Florsheim Group Inc, is the first shoemaker to offer 
them permanently constructed into the shoe. 

This technology, first introduced in Florsheim Golf MagneForce footwear for 
spring 1999, has an interesting beginning. In the spring of 1998, executives 
of Florsheim Golf met with famed golf instructor David Leadbetter to get his 
opinion on a golf shoe with magnetic closure. However, Leadbetter, who was 
well aware of the many benefits of magnetic therapy, was instantly excited 
about Florsheim using magnets in a therapeutic way, based on his experience 
with his Asian golf schools and senior professional golfers. 

The designers were cautious at first, but worked extensively with 
Magnetherapy Inc., the makers of Tectonic® magnetic therapy products and a 
provider of limb braces, back belts, bracelets, insoles, etc. specifically 
targeted to participant sports users. Florsheim then created a golf shoe 
construction design incorporating a flexible, unipolar magnetic sheet in the 
footbed. 

The new MagneForce golf shoes were an instant success. Strong demand 
continues as more golfers, convinced that their MagneForce golf shoes have 
improved their energy, relieved foot, leg and back fatigue and even improved 
their game, share their MagneForce stories with their friends. 

The rapid success of MagneForce golf shoes, coupled with an unusually high 
volume of requests from golfers eager to enjoy the benefits of magnetic 
insoles in shoes they could wear everywhere, spurred Florsheim to expand the 
MagneForce technology to casual and dress shoes for 2000. 

Continuing our 108-year heritage of innovation, Florsheim is proud to be the 
first shoemaker to offer its customers the benefits of unipolar magnetic 
insoles permanently embedded in men and women's golf shoes, casual and dress 
footwear for men, and our John Deere work shoes. We have combined our 
expertise in making quality footwear with the latest comfort and magnetic 
technology to create footwear that feels as good as it looks. 

The high quality, unipolar magnetic insoles in Florsheim MagneForce footwear 
are tested by Tectonic. A research report prepared by Magnetherapy Inc, 
indicates that the magnetic field they generate penetrates the foot to a 
depth of two inches, Studies indicate that magnetic fields increase blood 
circulation, bring natural pain relief and increase range of motion, leading 
to an increased level of energy. 

We value our customers and welcome your comments and feedback on MagneForce 
and other fine Florsheim footwear. 

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18. The claims and representations printed on the MAGNEFORCE SHOES box and 
display are attached hereto as EXHIBIT "2" and are incorporated fully herein 
by reference. 

19. Defendants' claims regarding the benefits of magnetic shoes are not based 
on reliable and competent medical or scientific evidence, and are misleading, 
deceptive, and/or false. 

20. In fact, there is competent and reliable scientific evidence that magnets 
in shoes DO NOT provide any pain relief or additional energy or any other 
benefit. 

21. For example, a peer-reviewed independent clinical study reported in the 
Journal of the American Podiatric Medical Association, January 1997, entitled 
"Evaluation Of Magnetic Foil And PPT Insoles In The Treatment Of Heel Pain", 
by Caselli MA, Clark N, Lazarus S, Velez Z, Venegas L, Department of 
Orthopedic Sciences, New York College of Podiatric Medicine, NY, USA, 
concluded after clinical tests of magnetic insoles that: "The magnetic foil 
offered no advantage over the plain insole." 

22. Defendant's claims regarding "magnetic deficiency" are not proven by 
competent scientific evidence, and are likely to deceive the general public, 
and are untrue and/or misleading and/or unfair, and/or unlawful, and/or 
unfair competition. 

23. Defendants further misrepresent that the MAGNEFORCE SHOES are of a high 
standard, grade or quality. In truth and in fact, the MAGNEFORCE SHOES are of 
such poor design and quality as to be unusable by the average consumer for 
the intended uses. 

24. In addition to the above examples, Plaintiffs incorporate by reference 
ALL representations made for MAGNEFORCE SHOES, which are known to Defendants. 

GENERAL ALLEGATIONS-FLORSHEIM 

25. Defendant FLORSHEIM GROUP, INC. ("FLORSHEIM") is a Delaware corporation 
with the principal place of business located at 200 NORTH LASALLE STREET, 
CHICAGO Illinois 60601. 

GENERAL ALLEGATIONS - SHOE EMPORIUM 

26. Plaintiffs are informed and believe and thereon allege that the SHOE 
EMPORIUM is a California business entity, of an unknown form, with its 
primary place of business located at 24155 Laguna Hills Mall, Suite 1830, 
Laguna Hills, and County of Orange, California 92653. 

27. Defendant SHOE EMPORIUM regularly stocks and sells significant quantities 
of MAGNEFORCE SHOES in the County of Orange in the state of California. 

28. Plaintiff JEFF WYNTON is a California consumer who bought a pair of 
MAGNEFORCE SHOES, for personal use, at Defendant retailer SHOE EMPORIUM in 
Laguna Hills, County of Orange, California, on or about July 20, 2000. A true 
and correct copy of the receipt from that purchase is attached hereto as 
EXHIBIT "3" and incorporated fully herein by this reference. 

29. At the time of purchase, an employee of Defendant SHOE EMPORIUM, acting 
in the capacity of shoe salesman, stated to Plaintiff JEFF WYNTON that the 
magnets in the MAGNEFORCE SHOES provide pain relief and energy. 

DOE DEFENDANTS 

30. Doe Defendants 1 through 100 are sued herein by their fictitious names, 
as Plaintiffs believe that such Doe Defendants are responsible, in whole or 
in part, for the incident and damage hereinafter alleged, and the Plaintiffs 
will amend this Complaint to properly identify such Defendants once their 
identities become known to Plaintiffs. 

31. Plaintiffs are informed and believe and thereon allege that each named 
and/or Doe Defendant is responsible in some manner for the acts, occurrences 
and liability hereinafter alleged and referred to. 

32. Plaintiffs are informed and believe and thereon allege that at all times 
mentioned herein, each named and/or Doe Defendant was the agent, servant or 
employee of each and every remaining Defendant, and the acts of each 
Defendant were within the course and scope of said agency and/or employment. 

FIRST CAUSE OF ACTION 

VIOLATION OF CONSUMER LEGAL REMEDIES ACT (C.C. §1770) 

(Plaintiff JEFF WYNTON Against ALL DEFENDANTS and Does 1-100) 

33. Plaintiff JEFF WYNTON repleads and incorporates fully herein by this 
reference each and every allegation contained in paragraphs 1 through 30, 
inclusive, of this complaint. 

34. During the last three years, the above-described representations, acts 
and/or omissions by defendants that the MAGNEFORCE SHOES have 
characteristics, ingredients, uses or benefits which it does not have 
constitute a violation of the California Consumer Legal Remedies Act, Civil 
Code §§ 1770 (a) (5). 

35. Notice will be served on defendants by certified mail, return receipt 
requested, pursuant to Civil Code §1782(a) demanding that defendants correct 
or otherwise rectify the PRODUCT in violation of Civil Code §1770. If no 
appropriate correction or other remedy has been given or agreed to be given 
within a reasonable time to plaintiff within 30 days after receipt of such 
notice, Plaintiffs reserve the right to amend this complaint to include 
actual and punitive damages, pursuant to Civil Code § 1782. 

36. Plaintiffs also reserve the right to amend the complaint as a class 
action complaint, on behalf of all persons similarly situated. 

37. As a proximate result of the above-described representations, acts and/or 
omissions by defendants, Plaintiff JEFF WYNTON has been damaged by the value 
of the PRODUCT purchased under Civil Code §1780. 

SECOND CAUSE OF ACTION 

VIOLATION OF BUSINESS & PROFESSIONS CODE §17200 

(All Plaintiffs against All Named Defendants and Does 1 - 100) 

38. Plaintiffs replead and incorporate fully herein by this reference each 
and every allegation contained in paragraphs 1 through 30, inclusive, of this 
complaint. 

39. The above-described representations, acts and/or omissions by defendants 
constitute unlawful, unfair or fraudulent business acts or practices and a 
violation of the California Business & Professions Code § 17200. 

40. Unfair Prong: The above-described representations, acts and/or omissions 
by defendants constitute an unfair business practice and unfair competition. 
The Defendants have received unjust enrichment by their misrepresentations 
and unfair business practices, at the expense of consumers AND at the expense 
of competitors who do not utilize such misrepresentations in the sale of 
competing brands of shoes. 

41. Unlawful Prong: The above-described representations, acts and/or 
omissions by defendants are unlawful, under, inter alia, Civil Code § 
1770(a)(5) and B&P §§ 17500 and/or 17508. 

42. Deception Prong: The above-described representations, acts and/or 
omissions by defendants are likely to be deceptive to the general public, in 
that the General Public is likely to purchase the MAGNEFORCE SHOES in the 
mistaken belief that the magnets in the shoes are an effective pain relief 
device. 

THIRD CAUSE OF ACTION 

VIOLATION OF BUSINESS & PROFESSIONS CODE §§ 17500 and 17508 

(All Plaintiffs Against All Named Defendants and Does 1-100) 

43. Plaintiffs replead and incorporate fully herein by this reference each 
and every allegation contained in paragraphs 1 through 30, inclusive, of this 
complaint. 

44. For the purposes of this cause of action, Plaintiffs allege that 
Defendants and each of them knew or should have known that their 
representations regarding the MAGNEFORCE SHOES were false and or deceptive 
and/or misleading and/or omitted material facts. 

45. Plaintiffs are informed and believe that Defendant FLORSHEIM has received 
numerous inquiries from scientists and organizations regarding the misleading 
and/or false nature of their representations, but failed to investigate 
and/or remedy the misleading and/or false representations. 

46. The above-described representations, acts and/or omissions by defendants 
constitute false or misleading statements and a violation of the California 
Business & Professions Code § 17500, et seq., including, but not limited to, 
BUSINESS & PROFESSIONS CODE §17508: (a) It shall be unlawful for any person 
doing business in California and advertising to consumers in California to 
make any false or misleading advertising claim, including claims that (1) 
purport to be based on factual, objective, or clinical evidence, that (2) 
compare the product's effectiveness or safety to that of other brands or 
products, or that (3) purport to be based on any fact. 

PRAYER FOR RELIEF 

Wherefore, Plaintiffs pray as follows: 

FIRST CAUSE OF ACTION BY PLAINTIFF JEFF WYNTON: 

1) For a preliminary and a permanent injunction, pursuant to Civil Code 
§1780(a)(2), enjoining defendants and its agents, servants, employees and 
anyone acting on its behalf from manufacturing, designing, distributing 
and/or selling the MAGNEFORCE SHOES and/or disseminating the representations 
and/or advertisements as stated in this complaint regarding the MAGNEFORCE 
SHOES to the Plaintiff(s) and/or the General Public; 

2) For costs and attorney fees incurred herein; and 

3) For such other and further relief as the court may deem just and proper 
pursuant to Civil Code § 1780(a)(5). 

SECOND AND THIRD CAUSE OF ACTION BY ALL PLAINTIFFS: 

1) For a permanent injunction, pursuant to Business & Professions Code §§ 
17202, 17203 and 17204, enjoining defendants and its agents, servants, 
employees and anyone acting on its behalf from manufacturing, designing, 
distributing and/or selling the MAGNEFORCE SHOES and/or disseminating the 
representations and/or advertisement as stated in this complaint regarding 
the MAGNEFORCE SHOES to the Plaintiff(s) and/or the General Public; 

2) For restitution and/or disgorgement of all funds unfairly obtained by 
sales of the MAGNEFORCE SHOES, where the product was tagged, labeled, and/or 
advertised in a deceptive and/or misleading and/or unfair manner, pursuant to 
Business & Professions Code § 17203; 

3) For attorney fees and costs of suit herein pursuant to Code of Civil 
Procedure §§ 1021.5 and/or 1032; and 

4) For such other and further relief as the court may deem just and proper 
pursuant to Business & Professions Code §§ 17202, 17203 and/or 17204. 

Dated: August 7, 2000 
MARK BOLING
Attorney for Plaintiffs