Home Ovulation Test Makers Defeat ’99% Accurate’ Deception Suit

Abbott Laboratories, CVS Pharmacy Inc., and other at-home ovulation test makers are free of a proposed class action alleging their products’ “99% Accurate” labels were deceptive, after a federal judge said consumers can’t expect such products because tests for actual ovulation don’t exist.

A reasonable consumer “does not expect to purchase a product that is impossible to find in the marketplace,” Judge Ramon E. Reyes Jr. of the US District Court for the Eastern District of New York said Tuesday.

New York and California consumers sued in 2022 and alleged the test makers violated false advertising laws because ...