- eliminate specific phrases (e.g., “it will keep you pain free,” “prevents injury,” “for injury prevention,” and “provides 24-hour pain relief per application”) from its marketing;
- modify the phrase “can be used for hundreds of common injuries” to say “can be used for many common injuries;”
- revise the disclaimer language to say “not clinically proven for all injuries;” and
- make the disclaimer appear in bold print, a larger font size, and wherever the words “for fast, easy pain relief,” “for common injuries,” and “common injuries” appear.
July 2016: An amended complaint making similar allegations (i.e., that the products are falsely marketed as providing pain relief, faster recovery, and treatment for common injuries) was filed.
October 2015: A class-action lawsuit was filed against KT Health, Inc. for allegedly misleadingly marketing KT Tape products (strips of stretchy fabric with an adhesive backing that can be applied to skin near an injured area). According to the complaint, the company represents that the products treat various sports-related injuries and, when applied to the skin, reduce pain when, according to plaintiffs, the products do not work as advertised and the claims are not supported by scientific evidence. (Vuckovic et al v. KT Health Holdings, Inc. d/b/a KT Health, Inc., KT Holdings, LLC, and KT Health, LLC, Case No. 15-cv-13696, D. MA.)