A new lawsuit against Apple claims that the Apple Watch is racially prejudiced. A new class action complaint, according to Apple Insider, alleges that the Apple Watch sensor discriminates against persons with dark complexion.

Alex Morales, the complainant, claims that the blood oxygen sensor and the watch’s pulse oximetry functions failed to take into consideration his skin tone when he acquired the giant’s wrist technology between 2020 and 2021.

On behalf of all New Yorkers who bought the tech company’s watch before the statute of limitations expired, Morales filed the complaint on December 24.

In addition to New York, the man filed a lawsuit under each state’s consumer fraud laws on behalf of citizens of Alaska, Arkansas, Idaho, Iowa, Mississippi, North Carolina, North Dakota, Utah, and Wyoming.

The plaintiff claims in his lawsuit that there have been allegations for decades that such devices were much less reliable in monitoring blood oxygen levels dependent on skin tone. “Until the middle of the Coronavirus pandemic, the’real world relevance’ of this bias remained unchecked, converging with a larger understanding of structural racism which occurs in many parts of society,”

The plaintiff claims later in the lawsuit that prior studies “clinically significant of racial bias of pulse oximetry using records of patients taken during and before the epidemic” verified this.

The class action lawsuit claims that the pulse oximetry tool is worthless because it doesn’t recognize dark skin tones, “[putting] Black patients at heightened risk for hypoxemia.”

Morales expands on his argument against Apple by charging that the Cupertino-based corporation has violated the explicit warranty, committed fraud, and engaged in “unjust enrichment.”

The lawsuit also alleges that the business broke New York’s general business law and state consumer fraud acts.

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