A new class-action lawsuit filed in the Southern District of New York targets tech giant Apple and their popular iWatch. The lawsuit claims that the popular digital watch has a "racial bias" against users who have a darker skin tone.
The class-action lawsuit which was filed on Christmas Eve by New York resident Alex Morales takes aim at what he describes as a violation of state consumer laws. At the center of his claims are the iWatch’s blood oximeter feature, a feature he says is discriminatory to some users.
iWatches are renowned for their useful functions including their newest function, the blood oximeter. When enabled, this oxygen meter allows users to measure their blood oxygen levels, so as to have a better understanding of their health. However, this recent class action alleges that for users who have darker skin tones, including black people, the blood oximeter does not work as advertised.
The lawsuit highlights that it has been well documented that blood oximeters do not work as effectively on individuals who have darker pigmentation in their skin. The lawsuit explains that “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 claims that because of this discrepancy in function, darker-skinned iWatch users who activate the blood oximeter function are more susceptible to healthcare issues because they unknowingly rely on a feature that does not properly function.
Additionally, the lawsuit claims that the advertisement for the iWatch was misleading because it failed to warn consumers of their inherent racial bias. The lawsuit explains, “Plaintiff was aware the Product purported to measure blood oxygen levels and he believed it did this without regard to skin tone, which was relevant to him based on his skin tone,” adding, “Plaintiff expected the product would not incorporate biases and defects of pulse oximetry with respect to persons of darker skin tone.”
By not disclosing this information to consumers, Morales claims that the tech giant sold the iWatches at a “premium” price of “no less than $400,” a price point that would have been much lower had consumers known the feature would not work as advertised among iWatch users with darker skin tones.
As part of his lawsuit, Morales accuses Apple of violating New York General Business Law and the state Consumer Fraud Act. Additionally, Morales accuses the tech giant of breaches of express warranty, fraud, and unjust enrichment.
In filing his proposed class action lawsuit, Morales also sued on behalf of residents living in North Dakota, Wyoming, Idaho, Alaska, Iowa, Mississippi, Arkansas, North Carolina and Utah under their consumer fraud laws.
