Dr. Scholl's, maker of the over the counter shoe inserts, is under fire with claims that it is falsely advertising “custom” orthotics, particularly to the elderly. The podiatrists filing the lawsuit argue that the American Podiatric Medical Association defines an “orthotic” as a medical term, and in Illinois where the class action suit was filed, orthotics must be prescribed by someone who is licensed by the state to assess, evaluate, and treat patients and their feet. The podiatrists filing suit say that the claims the manufacturer makes, such as their orthotics will “alleviate lower back pain”, are completely outrageous.

Dr. Scholl's also uses kiosks, commonly found at places such as Walmart, that will “map out your foot” and then recommend a specific orthotic that is “custom” to your foot. The lawsuit filed by the podiatrists argue that people use this in lieu of an actual exam, thinking they will save money by just using this kiosk to fix their problem. The lawsuit claims that people using these kiosks can get different recommendations at different kiosks because all it does is measure foot size and the arch of the foot. The lawsuit also states that these orthotics are being sold at five times the cost and are misleading the consumers.

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