Apple is facing a legal battle over claims that the Apple Watch's blood oxygen reading device has proven ineffective for black people.
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A federal class action lawsuit has been filed against Apple, alleging that the blood oxygen reading device in the Apple Watch produces inaccurate readings for black people.
On Saturday, plaintiff Alex Morales filed a lawsuit in New York, citing recent and past research showing that pulse oximeter technology is inadequate in quantifying oxygen saturation levels for people with dark skin. Representing Mr. Morales, attorney Spencer Sheehan cited that issue as the cause of the lawsuit.
During the pandemic, hospitals were forced to use this flawed device to determine oxygen levels in COVID-19. This highlighted the need for an updated approach, and as a result, the Food and Drug Administration has begun reviewing this technology in the hopes of delivering recommendations that will allow it to be effective on all skin types.
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However, it remains a mystery whether Apple is using the same technology as common pulse oximeters. Its “Blood Oxygen” app has been described as an awe-inspiring invention on its website and measures blood oxygen levels from your wrist instead of your fingertips like regular pulse oximeters do.
Apple failed to respond to USA TODAY's question Tuesday about the lawsuit or how effectively its blood oxygen reading device works on different skin.
According to Sheehan, the lawsuit's claim about the app's inadequacy is plausible given existing research that highlights how pulse oximeters are limited by different skin tones .
According to Apple's official website, blood oxygen measurement can be disrupted by changes in skin color and condition , including tattoos.
Between 2020 and 2021, Morales acquired an Apple Watch with the advanced blood oxygen reading feature – as stated in the lawsuit.
He assumed that the watch could accurately measure his blood oxygen levels, regardless of skin tone. If he had known that wasn't true, he would never have bought it and paid so much for it.
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New York-based consumer class-action lawyer and avid plaintiff Sheehan predicts that Apple will dispute its liability , claiming that it warned customers about the product's unsuitability for medical purposes.
This lawsuit against Apple alleges that the company violated several laws, including New York state law and a federal multistate class action ban for “deceptive business practices.”
This lawsuit accuses Apple of fraud and of taking undue advantage by deceiving its customers about the capabilities of its product.
Source of information: eu.usatoday.com
