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Ovulation test class action lawsuit overview:
- Who: Plaintiffs Natalia La Rosa and Phoebe Caneda filed a class action lawsuit against the makers of certain ovulation test kits.
- Why: They allege the ovulation test kits falsely advertise that they can predict whether a woman will ovulate within 24-48 hours.
- Where: The ovulation test class action lawsuit was filed in New York federal court.
Two plaintiffs have filed a class action lawsuit against makers and marketers of so-called ovulation test kits that allegedly do not accurately test whether a woman is ovulating.
Plaintiffs Natalia La Rosa and Phoebe Caneda allege they purchased ovulation test kits over the past few years and reasonably expected that the products would predict with at least 99% accuracy whether they would ovulate in the next 24-48 hours.
In reality, the ovulation test kits determine whether women have a luteinizing hormone (LH) surge, which the ovulation test class action lawsuit says can happen at varying times in the menstrual cycle for reasons that are unrelated to ovulation.
Defendants intentionally mislabeled test kits to boost profits, ovulation test class action alleges
La Rosa and Caneda assert that the defendants intentionally mislabel the kits as ovulation test kits because they know that marketing them as “LH test kits” would be less attractive to women seeking to get pregnant.
“False promises such as these allow Defendants to capitalize on reproductive anxiety and reap massive profits well in excess of [$5 million] per year from unwitting consumers,” the ovulation test class action lawsuit states.
The products named in the ovulation test class action lawsuit include Clearblue (made by defendants Procter & Gamble, Abbott Laboratories, Alere and SPD Swiss Precision Diagnostics), First Response (made by Church & Dwight), up & up (sold by Target) and ovulation test kits sold by Walgreens and CVS.
The packaging for these products purport to be at least 99% accurate and promise to identify a woman’s most fertile days. The ovulation test class action lawsuit notes that the products may be 99% accurate at identifying an LH surge, but that this information merely provides a “hint” at whether a woman will ovulate within the next 24-48 hours.
La Rosa and Caneda say they purchased these products with the reasonable expectation that they would inform them whether they would ovulate in 24-48 hours and not just whether they were having an LH surge that may or may not be related to ovulation.
They claim that they were overcharged for the products and did not receive the benefit of the bargain they paid for. They filed the ovulation test kit class action lawsuit on behalf of themselves and a proposed class of people who purchased the defendants’ ovulation test kits in New York..
What do you think about the ovulation test class action allegations that the products are falsely advertised as accurately predicting ovulation? Tell us about it in the comments!
The plaintiffs are represented by Daniella Quitt, Peter A. Binkow, Jonathan M. Rotter and Natalie S. Pang of Glancy Prongay & Murray LLP and Mark Finkelstein and Brent S. Colasurdo of Umberg Zipser LLP.
The ovulation test class action lawsuit is Natalia La Rosa, et al. v. Abbott Laboratories, et al., Case No. 2:22-cv-054235, in the U.S. District Court for the Eastern District of New York.
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4 thoughts onClass action alleges Walgreens, Target, others falsely advertise that products test for ovulation
Add me I tried for 2 years to become pregnant while using these. Now I understand why my husband and I weren’t able to become pregnant
Please add me
Add me too please, this product did not correctly predict my ovulation every time I used this and other brands ovulating products.
Add me