Bradley Merrill Thompson, a Member of the Firm in the Health Care and Life Sciences practice, in the firm’s Washington, DC, office, was quoted by eHealth Law & Policy, in “Class Action Filed Against Fitbit in the US Over Accuracy Claims.”
Following is an excerpt:
The plaintiffs claim to have performed testing to substantiate their complaints. Fitbit has disputed the allegations and noted in a statement to the MobiHealthNews website that its trackers “are not intended to be scientific or medical devices.’’
“While the plaintiffs here claim some risk, the Food and Drug Administration (‘FDA’) does not seem interested, at least historically, in pursuing what is advertised as consumer grade, not medical device grade, products,” explains Bradley Merrill Thompson, Member at Epstein Becker Green. “Fitbit did seem to be making bold claims that its products were comparable to chest-worn monitors. So if a company gets too aggressive in this space, the FDA might well step in.”
