Allergy Test Buyer Must Arbitrate False-Ad Claims, 1st Cir. Says

A consumer alleging Everly Health Inc. and its subsidiary Everly Well Inc. overstated the accuracy of its at-home food sensitivity test must arbitrate her claims because she agreed to the company’s terms through a valid click-wrap agreement, a federal appeals court said Wednesday.

The plaintiff, Joyce Toth, checked the “I accept” checkbox when she created an account as part of the test’s instructions, and these kinds of clickwrap agreements are valid under Massachusetts law, the US Court of Appeals for the First Circuit said affirming the lower court’s judgment.

Toth sued Everlywell after she used the test and discovered Everlywell’s ...