Everlywell, a prominent at-home health testing company, has faced multiple lawsuits related to the accuracy and marketing of its products, as well as allegations concerning the unauthorized sharing of customer data. These lawsuits have raised important issues about consumer protection, privacy, and the reliability of home diagnostic tests.
Background of the Everlywell Lawsuit
One major class action lawsuit was filed against Everlywell in June 2023 in California, alleging the company’s marketing of its food sensitivity tests is misleading. The tests purportedly claim to identify specific food sensitivities by measuring IgG antibody levels, but scientific consensus indicates IgG antibodies do not reliably indicate food intolerances or allergies.
Separately, Everlywell, along with its subsidiary Natalist, faced a privacy-related class action lawsuit for allegedly embedding tracking pixels that transmitted users’ sensitive health data—including test purchase information—to third-party platforms such as Facebook and Google without users’ consent.
Parties Involved
- Plaintiffs: Consumers who purchased Everlywell products, including food sensitivity tests and other health kits.
- Defendants: Everlywell Inc. and its subsidiary Natalist.
- Legal Representation: Various law firms specializing in class action litigation.
Key Allegations
- Misleading Marketing: Everlywell’s food sensitivity tests allegedly do not provide the promised diagnostic value and mislead consumers into making unnecessary dietary changes.
- Inadequate Disclosures: The company allegedly failed to inform users that IgG testing does not scientifically validate food sensitivities.
- Privacy Violations: Unauthorized sharing of sensitive medical and personal data with third-party advertisers through invisible web tracking technologies without explicit user consent.
Legal Claims
- Violation of state and federal consumer protection laws, such as the California Consumers Legal Remedies Act and the Federal Trade Commission Act.
- Breach of warranty claims asserting the product did not meet reasonable consumer expectations.
- Unjust enrichment and fraudulent misrepresentation due to deceptive marketing practices.
- Violation of privacy regulations including the California Consumer Privacy Act (CCPA) and Illinois’ Biometric Information Privacy Act (BIPA).
Settlement and Payouts
In early 2025, Everlywell reached a $5 million settlement to resolve allegations related to unauthorized data sharing. The settlement covered approximately two million consumers who used Everlywell’s or Natalist’s websites between 2019 and 2024. Eligible class members were offered cash payments based on the nature of the purchased tests (sensitive vs. non-sensitive) and were required to file claims by March 2025.
Impact and Implications
The lawsuits spotlight the growing consumer demand for transparency and scientific rigor in digital health products. Privacy concerns underscore the need for stricter data protection measures and informed consent in online health services.
Everlywell’s experience serves as a warning for other companies in the burgeoning at-home health testing market about carefully substantiating product claims and protecting user data.
Consumer Advice
Consumers should critically evaluate health testing products, review the scientific basis of claims, and carefully read terms and disclosures. Monitoring for ongoing class actions and relevant settlements is important to claim entitled compensation.
Users of Everlywell services should be vigilant about privacy permissions and data sharing practices, opting out when possible and understanding their rights under applicable privacy laws.
Conclusion
The Everlywell lawsuits reinforce essential principles in health product marketing and data privacy. They serve to protect consumers from misleading claims and unauthorized data use, furthering accountability in the digital health industry and fostering greater trust and safety for users.
