SneakPeek Class Action Challenges Accuracy of Early Gender Test

Gateway Genomics LLC dba SneakPeek is facing a class action lawsuit that alleges its fetal gender identification kit is not accurate.

The SneakPeek class action lawsuit was filed by plaintiff Kristine Main in December 2015. She says she purchased the SneakPeek Early Gender Test in February 2015 due to SneakPeek’s representations that the test was 99 percent accurate in determining the gender of a baby, and that the gender determination could be made earlier than a sonogram.

“[SneakPeek] claims its test utilizes the natural process of shared fetal circulating DNA in the mother and from a drop of blood can determine the baby’s gender as early as nine weeks into a pregnancy,” the SneakPeek Early Gender Test class action lawsuit says.

According to the SneakPeek class action lawsuit, the fetal gender identification kit is advertised as containing everything needed to collect a sample, which will be processed by its “state of the art lab.” SneakPeek promises to deliver the test results within 24 hours of receiving the sample.

Main states that she did not want to wait until her sonogram to know the gender of her unborn baby, so she was willing to pay $169 for the SneakPeek Early Gender Test. According to the SneakPeek class action lawsuit, Main was 14 weeks pregnant when she took the test.

On Feb. 9, 2015, Main received an email from SneakPeek that said, “Congratulations You are having a baby girl!” However, the SneakPeek class action lawsuit states that Main gave birth to a baby boy in July 2015.

“Plaintiff is not the only person to rely on SneakPeek’s 99 percent accuracy claim and pay Defendants money for a product that is not anywhere near as accurate as promised,” the SneakPeek class action lawsuit alleges. “The results are not 99 percent accurate but much closer to a flip of a coin.”

Main alleges SneakPeek is aware of the inaccuracies of its Early Gender Test. She points to a number of online complaints from users who received inaccurate results from the gender identification test. One reviewer states that a group of women participating in a babycenter.com forum decided to take the SneakPeek test and compare the results to the actual gender of their babies after they were born. They found that the test was only about 60 percent accurate.

By filing the gender identification kit class action lawsuit, Main seeks to represent a Class of all consumers in the United States who purchased the SneakPeek Early Gender Test.

The SneakPeek class action lawsuit asserts violations of the California Unfair Competition Law, False Advertising Law, fraud, breach of express warranty, and unjust enrichment, among other claims.

Due to a deadline extension that was granted by the court, SneakPeek now has until April 1 to file a response to the Early Gender Test class action lawsuit.

Main is represented by John P. Kristensen and David L. Weisberg of Kristensen Weisberg LLP and Brian N. Mazzola of The Mazzola Law Firm PLLC.

The SneakPeek Early Gender Detection Test Class Action Lawsuit is Kristine Main v. Gateway Genomics LLC dba SneakPeek, Case No. 15-cv-02945, in the U.S. District Court for the Southern District of California.

UPDATE: The SneakPeek Class Action Challenges Accuracy of Early Gender Test was dismissed on July 27, 2017.