It’s unclear whether Apple uses the same technology as a standard pulse oximeter, which the FDA is reviewing in light of studies that suggest it is less effective on darker skin tones.
He believed the watch purported to measure his blood oxygen levels “without regard to skin tone,” and “would not have purchased” or “paid as much” for the watch had he known otherwise. , said he expected Apple to argue that it warns consumers that the product is not intended for medical use.
“Yes, you’re not getting this at a drugstore or a medical goods store,” Sheehan told USA TODAY. “Nonetheless, if a product is presented as a feature that is described as a … blood oxygen monitor, you will expect that it will function without respect to a person’s skin color.” The suit alleges Apple violated several laws, including New York state law, and a federal multi-state class action law that prohibits “deceptive business practices.”
It alleges Apple committed fraud and unjustly enriched itself by misrepresenting its product's capability and seeks a jury trial. Attorneys for Apple were not listed at publication time in online court documents, which showed that Apple had received official notice of the lawsuit on Tuesday.
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