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ARTICLE · 10 MARCH 2020

What EXACTLY Is Guaranteed?

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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As part of its routine monitoring, NAD recently examined claims made by Ava Science, Inc. for its Ava Ovulation Bracelet.

United StatesMedia, Telecoms, IT, Entertainment

As part of its routine monitoring, NAD recently examined claims made by Ava Science, Inc. for its Ava Ovulation Bracelet.  The bracelet is an FDA-registered medical device that tracks physiological signals of fertility and uses data to predict a consumer's most fertile days in her cycle.  Ava advertised the device with the claim "1 year pregnancy guarantee."

The advertiser stated that this claim was a money-back guarantee:  if the consumer did not become pregnant after a year of continuous use of the bracelet (along with some other conditions), she could get her money back. However, NAD was concerned that the claim also communicated a pregnancy guarantee.  As NAD noted, "[d]espite the intentions of an advertiser, a guarantee may, depending on the wording and specific context presented, constitute an affirmative performance claim."

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www.fkks.com

This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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