Adam… I think these are all valid criticisms. I previously did some research into TOMS. The first thing I found out is that there isn’t a guy named “Tom” (apparently it’s short for “tomorrow” as in “shoes for tomorrow”). The second thing I learned was that the company is not without its critics.
In addition to what you pointed out, some people have been critical of the fact that the marketing is misleading to consumers. The argument is that these $60-$100 shoes really cost just a few bucks to make and so the donation is not really all that great. Additionally, some feel that the use of the in-your-face marketing is manipulative marketing through guilt. Lastly, I’ve read where some people in Ethiopia (where the “giving shoes” are manufactured, but not where the “regular” consumer shoes are made) feel that the marketing is also exploitive of their poverty.
At the end of the day, though, TOMS is a for-profit company so they aren’t solely in existence for philanthropic pursuits.