BABYGENDERINVESTIGATION.COM

Gainey & McKenna
Attorneys at Law

Tel. (201) 689-9000
Fax. (201) 689-9969
E-mail. info@gaineyandmckenna.com

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The following is a brief summary of the claims currently being investigated.

1.) 
THE VALIDITY OF THE 99.9% ACCURACY STATEMENT 

The Baby Gender Mentor product contains a statement that the product is 99.9% accurate.  Allegations have been made concerning the fact that, to date, the company has not provided any objective findings or data to support this claim. Below is a sample of the products "guarantee".



2.) SUPPORT FOR THE ACCURACY STATEMENT

As noted above, while the product claims to be 99.9% accurate and "unmistakably correct", there has been no scientific proof offered by the company to support its claims.  Acu-Gen and the Pregnancystore.com state that :
 
                    "the technology has accurately predicted the gender of 20,000
                    babies in a 14-year trial"


Dr. Wang, the founder of Acu-Gen, was questioned by NEWSWEEK concerning the company's accuracy statements.  Dr. Wang did not produce any documentation to support the company's claims but offered the following explanation:

                    "The accuracy is based on correlation studies between two
                    technology platforms with validated date from actual births
                    spanning more than a decade."

3.) STATEMENTS THAT THE PRODUCT IS INFALLIBLE

Not only does Acu-Gen claim that the product is 99.9% accurate, but it takes its claim one step further and "guarantee[s] that all test results will be absolutely accurate".  This claim can be found on www.babygendermentor.com.  Please note that this image was captured from the website in February 2006.  The terms of your "guarantee" may be different from the one below.



4.) THE RELIABILITY OF THE 200% MONEY-BACK GUARANTEE


The product's claims are supposedly backed by a 200% money-back refund. (See, 200% Guarantee, above).  However, many women are reporting that Acu-Gen either refuses to refund the money or makes it nearly impossible to obtain a refund.  Many women allege that the company changed the terms of its refund policy without alerting its customers.  Further, many women allege that the company is asking "far too much" and "the impossible."  Currently, the company requires (1) an original birth certificate, (2) a valid registration number, (3) the purchaser to remain at the same address as when she purchased the product, and (4) a sample of the newborn's blood.

5.) CHANGES TO THE TERMS OF THE GUARANTEE

Many women allege that the above requirements for obtaining a refund were only recently put in writing.  The women claim that there was no such written policy when they purchased the test or attempted to obtain a refund, yet they were told by the company that they had to comply with the four requirements listed above.

6.) MEDICAL ADVICE BEING PROVIDED

Many women are claiming that Dr. Wang has contacted them and advised them that their fetuses have chromosomal  abnormalities.  There are claims that Dr. Wang, who is listed as a Ph.D., is providing women with all sorts of medical advice and diagnoses. Women claim that this "advice" causes them great emotional distress. In addition, many women claim that they undergo unnecessary medical testing based upon Dr. Wang's "advice".

7.) OTHER ISSUES

Other issues under investigation include violations of State and Federal laws, violation of HIPAA laws, violations of privacy laws and other issues.

If you would like to learn more about our investigation, please do not hesitate to contact us at info@gaineyandmckenna.com, or by telephone at (201) 689-9000