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KT Tape False Advertising Class Action

Companies rely upon advertisements to attract customers. Catchy slogans and aesthetically pleasing posters have the potential power to convince people to buy a product. However, companies have an obligation to make sure their advertising is true and not misleading. If a company does not meet its duty, there are laws to protect consumers from false advertising. Last year, Red Bull settled a class action lawsuit that claimed its slogan, "Red Bull gives you wings," was false advertising. Unsurprisingly, Red Bull was unable to prove its energy drink could give its customers wings.

Jokes aside, the allegations against Red Bull were more sophisticated than simply taking the company's slogan literally. Customers argued that they felt Red Bull's ads misled them into believing that these energy drinks had more benefits than other caffeinated stimulants, such as coffee. They argued that companies shouldn't be allowed to insinuate that their product is more effective than a competing product when there is no factual evidence because, if they had known the effects were the same, they might have chosen the cheaper option. That line of reasoning applies to a recently proposed class action lawsuit against KT Health Inc. and its subsidiaries ("KT Health").

Alexander Vuckovic ("Vuckovic") filed a suit against KT Health because he claimed the company's fitness tape, Kinesio Tape ("KT Tape"), didn't deliver the pain relief and injury treatment results it promised. KT Tape comes in strips of brightly colored and stretchy adhesive fabric and is purported to relieve pain by lifting the skin, as opposed to traditional tape, which is wound around the body and compresses skin. The product supposedly relieves pain and helps users recover faster from a myriad of common injuries, such as Achilles tendonitis, tennis elbow, plantar fasciitis, rib pain, runner's knee, and shin splints. However, the class action asserts that KT Tape's only proven benefit is a mere placebo effect. Allegedly, KT Health used celebrity athlete endorsements and pseudoscience, which includes practices that are mistakenly regarded as being based on scientific method, to make deceptive claims of unsubstantiated health benefits.

Vuckovic claims that, if customers had known of KT Tape's true lack of effectiveness, they would not have spent significantly more money on the product than they would have buying traditional athletic tape. The complaint asserts that KT Tape's massive sales were solely due to KT Health's false, deceptive and misleading representations about the pain-relieving and injury-treating properties of its product. As a result, customers who bought KT Tape seek financial restitution for the money they overpaid as a result of KT Health's false advertisements.

Leonard Law Office and Pastor Law Office, along with SFMS, initiated this false advertising class action lawsuit, captioned as Vuckovic v. KT Health Holdings Inc., et al. The legal team at SFMS has significant experience litigating unfair trade practice and consumer protection matters. If you have any questions regarding this subject or this posting, please contact Chiharu Sekino ([email protected]) or Alec Berin ([email protected]). We can also be reached toll-free at (866) 540-5505.

Shepherd, Finkelman, Miller & Shah, LLP is a law firm with offices in California, Connecticut, Florida, New Jersey, New York, Pennsylvania and Wisconsin. SFMS also maintains affiliate offices in London, England and Milan, Italy, and is an active member of Integrated Advisory Group (www.iaginternational.org), which provides SFMS with the ability to provide our clients with access to excellent legal and accounting resources throughout the globe. For more information about our firm, please visit us at www.sfmslaw.com.

SOURCES:

"Active Case: KT Tape False Advertising Class Action." Leonard Law Office. Last modified October 30, 2015.

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