KT Health Class Action Claims Deceptive Marketing of KT Tape

This lawsuit alleges that KT Health Inc. and its subsidiaries were unjustly enriched, by deceptively advertising their premium priced athletic KT Tape by claiming the product treats a variety of sports-related injuries, in violation of Massachusetts Consumer Protection laws.

KT Health Holdings, Inc. d/b/a KT Health, Inc. (KT Health) and its subsidiaries, acquired by Palladin Consumer Retail Partners, LLC in 2014, is the leading producer of kinesiology tape and related sports medicine products for retail sale.  KT Tape or “Kinesio Tape” is advertised as used by professional and recreational athletes to prevent injury, reduce pain and promote recovery.  KT Tape is the most widely distributed kinesiology tape brand in the U.S. The product is sold in sporting goods, food, drug, and retail stores as well as through clinicians, online retailers, and the company website.

Massachusetts resident Alexander Vuckovic filed suit against KT Health on October 30, 2015 alleging that the company deceptively marketed the product to customers by using Olympic athletes and famous sports stars to advertise the product as pain relieving tape.  As described in the complaint, KT Tape is made from a bright, stretchy fabric with an adhesive backing that can be applied to skin directly above the injury.  Every KT Tape box represents that the product treats 16 specific injuries including carpal tunnel, runner’s knee, tennis elbow, plantar fasciitis, calf strain and shoulder pain.  Vuckovic alleges that product claims of being able to “stay in place through multiple workouts for up to 3 days, through daily showers, humidity, cold, even in the pool” made the tape a bestselling item. Different from traditional athletic tape that is wound around the body, KT Tape is designed to lift the skin instead of compressing it.  Vuckovic claims the tape provides no pain relief and reports that some experts believe there may be a placebo effect when using KT Tape that athletes would find beneficial; however, the product packaging does not inform customers that they are limited to placebo effect benefits only.

The KT Tape complaint accuses KT Health of unjust enrichment claiming purchasers allegedly paid a premium price for the sports tape.  According to Vuckovic, “KT Health has used deceptive claims regarding the purported benefits of KT tape to charge a premium approximately ten times the price of traditional athletic tape, and has achieved massive sales of KT Tape as a result.”

Vuckovic seeks certification of a Massachusetts Class of similarly situated purchasers of KT Tape on or after October 30, 2011 and alleges claims of unfair and deceptive conduct in violation of the Massachusetts Consumer Protection act, M.G.L. c. 93A, § 2, untrue and misleading advertising in violation of M.G. L. c. 266, §91, and unjust enrichment.  The complaint requests restitution and disgorgement of KT Health product revenues, an order enjoining continuation of the unlawful false advertising practices, statutory or actual damages, and double or treble damages as allowable by law, attorneys’ fees and costs. 

 

 

Article Type: Lawsuit
Topic: Consumer
Tags: Claims Unsupported By Scientific Evidence, Deceptive Advertising, Deceptive Labels, False Health Claims