Boston, MA: KT Health, the manufacturer of KT Tape, is facing a consumer fraud class action lawsuit filed by a consumer who claims the elastic sport and fitness tape does not relieve pain from injury nor provide treatment, as advertised. KT Tape is available at retail outlets including CVS, Rite-Aid and Target, among others, which are listed on the KT Health website.
Filed by Alexander Vuckovic, the suit alleges "KT Health does not disclose to consumers that if there are any health benefits to be obtained from KT Tape, they are limited to the placebo effect."And, "This case pertains to the false representations by KT Health which have been made in a concerted and orchestrated effort to prey on consumers' eternal hope that products exist that can quickly and effortlessly alleviate their pain."
According to the suit, Vuckovic bought KT Tape to try to relieve his shoulder pain. He purchased the tape after reading packaging that stated the tape would provide pain relief and lead to "faster"recovery.
However, after buying and using the tape, he found the product didn't perform "as claimed and advertised."Specifically, those claims include misleading advertising and marketing of the product to promote "the myth that its products work to treat a variety of sports-related injuries"including muscle pain and common injuries like runner' knee, golfer' elbow and shin splints, and that the term "Kinesio Tape"itself is "nothing but a scientific-sounding, made-up word."
Vuckovic asserts there is no scientific evidence to back up the premise that one can gain health benefits by "tensioning or adjusting" skin by applying stretchable sports tape. Nor is this clam supported by the medical community, the complaint states, and cites recent studies including several published in the Journal of Physiotherapy which allegedly reveal "the ineffective and useless nature of kinesiology tape."
Therefore, the lawsuit contends that the pseudoscience, together with KT Health' "deceptive and misleading claims,"and celebrity athlete endorsements, were responsible for "massive sales"of the tape.
"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,"the suit states. Further, consumers would not have paid such a price for the tape.
The suit accuses KT Health of unjust enrichment, untrue and misleading advertising, and unfair and deceptive conduct. Vuckovic is seeking class certification, restitution and disgorgement of KT Health' revenues to the class, and an order preventing KT Health from continuing its alleged false advertising and requiring them to run a "corrective advertising campaign."
Alexander Vuckovic is represented by David Pastor of Pastor Law Office LLP. The case is Vuckovic v. KT Health Holdings Inc. et al, case number 1:15-cv-13696, filed in U.S. District Court for the District of Massachusetts.