Home Ovulation Test Sellers Beat False-Ad Appeal Over Accuracy

Target Corp., CVS Pharmacy Inc., and others properly defeated claims they deceptively advertised at-home tests as “99% accurate” at detecting early ovulation, when the products don’t directly test for ovulation, a federal appeals court said Tuesday.

Eleven women appealing a judgment in favor of the test makers and retailers failed to plausibly allege the products’ labeling could mislead reasonable consumers, the US Court of Appeals for the Second Circuit said in a summary order.

Other defendants include Church & Dwight Co., Walgreen Co., Walmart Inc., and SPD Swiss Precision Diagnostics GmbH.

The plaintiffs brought a proposed class action saying ...