A class action lawsuit filed in New York claims that Apple Watch’s blood oxygen sensor does not work as well for Black people – which amounts to consumer fraud.
‘For decades, there have been reports that such devices were significantly less accurate in measuring blood oxygen levels based on skin color,’ the lawsuit, filed in the Southern District of New York, claims.
Plaintiff Alex Morales says he was aware of the device’s pulse oximetry features when he bought an Apple Watch between 2020 and 2021 – amidst the Covid pandemic, which made such health tracking capabilities more important.
‘The ‘real world significance’ of this bias lay unaddressed until the middle of the Coronavirus pandemic, which converged with a greater awareness of structural racism which exists in many aspects of society,’ the lawsuit states.
A class action lawsuit filed in New York claims that Apple Watch’s blood oxygen sensor does not work as well for Black people – which amounts to consumer fraud. Above: A handout image made available by Apple showing Apple Watch Series 6 featuring a revolutionary Blood Oxygen sensor and app
The blood oximeter works by measuring the color of blood flowing through the body at a person’s wrist to determine levels of oxygen in a mere 15 seconds, according to Apple. Blood oxygen levels are a marker of health – reflecting how well red blood cells carry oxygen around the body.
The conclusion was that ‘reliance on pulse oximetry to triage patients and adjust supplemental oxygen levels may place Black patients at increased risk for hypoxemia,’ the complaint states.
‘Since health care recommendations are based on readings of their blood oxygen levels, white patients are more able to obtain care than those with darker skin when faced with equally low blood oxygenation.’
The lawsuit filed on Dec. 24 is a proposed class action on behalf of all New York State consumers who bought watches during the statute of limitations.
Morales also sued on behalf of residents of North Dakota, Wyoming, Idaho, Alaska, Iowa, Mississippi, Arkansas, North Carolina and Utah – under those states’ consumer fraud statutes.
According to the lawsuit, Morales did not expect the blood oxygen feature would work in a biased fashion based on his skin tone.
The plaintiff claims that Apple was able to sell the watches at a ‘premium’ price of ‘no less than $400’ — more than it would have had consumers known about the defects of blood oximeters.
DailyMail.com reached out to Apple for comment on the lawsuit.
Morales alleges violations of New York General Business Law and State Consumer Fraud Acts. The lawsuit also accuses Apple of breaches of express warranty, fraud and unjust enrichment.
On its website Apple says that the blood oxygen app is ‘only designed for general fitness and wellness purposes.’
‘Blood Oxygen app measurements are not intended for medical use, including self-diagnosis or consultation with a doctor,’ Apple writes.
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The blood oximeter works by measuring the color of blood flowing through the body at a person’s wrist to determine levels of oxygen in a mere 15 seconds, according to Apple. Above: The new Apple Watch Ultras are displayed at Apple Park in Cupertino, California
