SAN FRANCISCO (Legal Newsline) — The makers of Clearblue, First Response and other ovulation test kits are facing a claim they label the products as falsely predicting ovulation with 99% accuracy.
Prushti Dave, Arlene Bergum, Emily Depol, Keya Johnigan and Brianna McKay, on behalf of themselves and all others similarly situated, filed a complaint Sept. 12 in the U.S. District Court for the Northern District of California against Abbott Laboratories, Alere, Proctor & Gamble Manufacturing, Target Corporation, Walgreen Co., and others alleging violation of the California Consumer Legal Remedies Act and other claims.
The plaintiffs, according to their complaint, purchased the defendants' ovulation kits including Clearblue, First Response and others between 2019 and 2022 and claim that the ovulation test kits are falsely labeled and marketed as predicting ovulation "with 99% or greater accuracy."
They allege that the defendants' kits only test levels of luteinizing hormone (LH) which may or may not indicate a women's ovulation. They further claim the defendants are aware their kits do not test for ovulation and make false promises "to capitalize on reproductive anxiety and reap massive profits."
The plaintiffs allege that the defendants' deceptive practices can cause users to unknowingly miss their actual ovulation and that any disclaimers on the packaging is "hidden" in small text or on a pamphlet in the box. They claim the defendants' false and misleading representation of their test kits violates California law.
The plaintiffs and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by Mark Finkelstein and Brent Colasurod of Umberg Zipser LLP in Irvine, California, and Peter Binkow, Jonathan Rotter and Natalie Pang of Glanchy Prongay & Murray LLP in Los Angeles.
U.S. District Court for the Northern District of California case number 1:22-CV-07642-NRM-JRC