Fitbit Trackers Render False Blood Oxygen Readings for People of Color: Class Action

Fitbit’s conduct creates “a disparity” for its consumers, where people with lighter skin “are getting more accurate SpO2 readings, while people with darker skin are delivered greater inaccuracies and still paying the same price” for their trackers, said the complaint. Plaintiffs Bettye Foster and Deborah Hunter seek to represent a class defined as all dark-skinned people in the U.S. who bought Fitbit fitness trackers between four years before the filing of their complaint and the date when class notice is disseminated, it said.

Pulse oximeters work by sending light through the skin and calculating a person’s oxygenation by quantifying how much of the light was absorbed by the hemoglobin in the blood, said the complaint. “This presents a key issue for people with dark skin,” because it assumes that the only absorber of the light energy is the hemoglobin, when in fact the skin’s pigmentation “also absorbs the light,” it said. For people with darker skin, “that can result in a reading from the pulse oximeter that overestimates the amount of oxygen in the blood, thus preventing accurate readings,” it said.

It’s a “clear leap to presume” that Fitbit’s SpO2 measuring technology won’t work “to the same level of efficacy for people with darker skin when compared to those with lighter skin,” said the complaint. Despite this growing wave of concern over inaccuracies with SpO2 sensors in wearables, Fitbit “has yet to release any information to the contrary or place any relevant disclaimer on its website” or on the packaging of the fitness trackers it sells to an unsuspecting public, it said. “Real people have already been harmed by inaccurate pulse oximeter readings,” it said. “Even without medical incident, consumers of wearables with built-in pulse oximeters reasonably feel entitled to financial relief for purchasing and relying on inaccurate devices,” it said.

Before placing its fitness trackers “into the stream of commerce and into the hands of consumers” for measuring SpO2 levels, Fitbit knew or should have known the devices wouldn’t be able “to provide an equal level of accuracy for all users,” said the complaint. Despite the technological disparities based on skin color, the pricing for the fitness trackers “remained the same regardless of purchaser,” it said. Fitbit “misrepresented, omitted, and concealed this stark inaccuracy to consumers,” including the plaintiffs and their potential class members, “by not including a disclaimer on the website, packaging, instructions, or otherwise warning of this disparity,” it said.

Fitbit made “material omissions of fact” in its advertising of its fitness trackers “by omitting the inherent racial bias in the SpO2 tracking technology,” said the complaint. Its conduct “was and continues to be fraudulent and deceptive” because it has the effect of deceiving consumers into believing that the devices “are able to provide equally accurate SpO2 readings regardless of skin color,” it said.

The complaint alleges violations of California’s Consumers Legal Remedies Act, Unfair Competition Law and False Advertising Law, plus breach of express and implied warranties and unjust enrichment. It seeks an order of restitution of all money Fitbit acquired “by means of the unlawful practices,” plus injunctive relief enjoining the company “from continuing the unlawful practices,” it said. Fitbit didn’t comment.