KT Tape Maker Reaches $1.75M False Advertising Class Action Settlement

A preliminary settlement agreement was reached in a class action alleging that an athletic tape manufacturer included false claims on its KT Tape packaging and advertising.

KT Health Holdings has agreed to pay $1.75 million to end the class action filed in Massachusetts in 2015. Lead plaintiff Alexander Vuckovic alleged in his complaint that the company deceived consumers with claims that the “kinesiology tape” would treat specific injuries, including carpal tunnel, runner’s knee, tennis elbow, plantar fasciitis, calf strain and shoulder pain.

“Pursuant to the Settlement, KT will provide a Settlement Fund in the sum of $1,750,000, which will be used to pay valid and timely claims of Class members, court-awarded attorneys’ fees and expenses to Class Counsel, a court-awarded incentive award to Plaintiff, and the Notice and Administration Costs. Qualified Claimants (i.e., Class members who submit valid and timely claim forms) will receive cash refunds of up to 50% of the full retail prices of the KT Tape products they purchased during the Class Period,” says the motion for preliminary approval of the settlement agreement.

According to the preliminary settlement agreement, in addition to the $1.75 million, KT has also agreed to modify the ways it advertises kinesiology tape, including claims that the tape “will keep you pain free,” “provides 24-hour pain relief per application,” and “for injury prevention.” KT has also agreed to increase the font size and bold its disclaimer, as well as change its disclaimer to indicate that the tape is “not clinically proven for all injuries.”

Under the terms of the settlement, Class Members will include individuals who purchased KT Tape since October of 2011. Class Members can submit a claim for one package or roll of KT Tape without proof of purchase and submit five claims with proof of purchase. Any funds remaining in the settlement account after Class Members’ claims and attorneys’ fees have been paid will go to the Special Olympics.

The class action plaintiff will receive an incentive award of $5,000 if the settlement is approved, along with attorneys’ fees and expenses.

According to the proposed class action settlement agreement, notice will be sent by email to each reasonably identifiable Class Member’s last known email address along with a postcard to Class Members who do not have or whose email address is not known.

Additionally, a settlement website will be set up and “[t]here will also be an extensive program of electronic notice, consisting of: a targeted mix of desktop and mobile banner notification advertisements placed on selected websites, including running/cycling/fitness websites and websites directed at athletes and people with an active lifestyle; notification advertisements on social media (such as Facebook), targeted to athletes and an active population; and paid keyword search advertisements through search engines (Google, Yahoo and Bing), with links to the settlement website,” says the motion.

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

Vuckovic is represented by David Pastor of Pastor Law Office LLP, Preston W. Leonard of Leonard Law Office PC and Nathan C. Zipperian of Shepherd Finkelman Miller & Shah LLP.

The KT Tape False Advertising Class Action Lawsuit is Vuckovic v. KT Health Holdings Inc., et al., Case No. 1:15-cv-13696, in the U.S. District Court for the District of Massachusetts.

UPDATE: On Nov. 17, 2017, the KT Tape false advertising class action settlement is now open. Click here to file a claim.

UPDATE 2: On July 27, 2018, Top Class Actions viewers started receiving KT Tape class action settlement checks in the mail worth as much as $48. 51. Congratulations to everyone who filed a claim and got PAID!