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BOSTON - Sixteen women have filed a federal class action lawsuit against a Lowell laboratory, claiming that it failed to accurately determine the gender of their embryos as it had promised.

The women said in the suit filed in U.S. District Court in Boston that Acu-Gen Biolab promised to determine the gender of their embryos by testing the mother's blood just five weeks after conception. Yet, despite a claim of 99.9 percent accuracy, the lab got the genders of their babies wrong and then to failed to honor its money back guarantee.


Women self-administer the test at home, then send it to the lab for processing.


"When you're essentially guaranteeing a test is 99 percent accurate, people rely on you, and you can't make those sorts of representations and get away with it," said Barry Gainey, a lawyer for the plaintiffs.


The suit seeks an injunction prohibiting the lab from falsely marketing the $275 Baby Gender Mentor kit and test and ordering Acu-Gen Biolab to honor its money-back guarantee, and restitution for all women who purchased the test.


The gender...