Kinesio Tape sued in Consumer Fraud Class Action
A Class Action Lawsuit alleging consumer fraud/deceptive advertising was recently filed in Massachusetts against KT Tape (Vuckovic v. KT Health Holdings Inc. et al, case number 1:15-cv-13696). If you’re not sure what a Class Action Lawsuit is, read this first.
The lawsuit alleges consumer fraud, stating that while the tape claims on the package the Kinesiology Tape treats 16 specific injuries including carpal tunnel, runner’s knee, tennis elbow, plantar fasciitis, achilles tendonitis, ankle sprains, and shin splints, there is no scientific evidence to support those claims.
Quoting from the lawsuit:
“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.”
“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.”
“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.”
I’m not totally sure if these kinds of claims make the product (technically) a medical device, and therefore under the FDA’s jurisdiction (I suspect that’s the case), or if this has more to do with the FTC (*remember, it can be both). I’ve been down this road before with regards to examining this kind of tape, and I’m of the opinion that it might work (kind of).
I’m also not totally sure if other manufacturers of this kind of tape are making the same kinds of (possibly) actionable claims, which would lead to follow-up lawsuits across the board for all of them.