Ovation Fertility Defeats Deceptive Genetic Test Marketing Suit

The Ovation Fertility network of labs convinced a federal judge to toss a proposed class action alleging it deceptively marketed the efficacy of its preimplantation genetic tests.

The plaintiffs didn’t allege they “failed to become pregnant, suffered a miscarriage, or experienced a medically compromised pregnancy—notwithstandting Ovation’s alleged marketing statements” that the testing “mitigates all of those problems,” Judge Maryellen Noreika of the US District Court for the District of Delaware said Wednesday, rejecting the suit.

The plaintiffs were people seeking fertility treatments and had bought Ovation’s genetic tests for aneuploidy, a chromosomal disorder, before the implantation of embryos. Ovation ...