BROOKLYN — A federal court in New York tossed the third-amended false advertising complaint brought over at-home ovulation test kits sold at retailers under the Clearblue and First Response brands. The suing customers say the products cannot predict when someone is ovulating with 99% accuracy; the court says that reasonable consumers will read the side and back labeling, which state the products test not for ovulation but for a rise in luteinizing hormone levels, which typically suggest ovulation will occur in the next day and a half.
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