other invasive procedure which may be an unnecessary risk if the acu-gen diagnosis was in error. in this case, the woman delivered a healthy baby free from both trisomy 18 and down syndrome. the class action lawsuit filed by gainey & mckenna alleges that acu-gen is improperly dispensing medical advice. the law firm claims wang has contacted "many women" and advised them that their fetuses have chromosomal abnormalities. they claim that dr. wang, who is listed as a ph.d., is providing women "with all sorts of medical advice and diagnoses". they say their clients have suffered great emotional distress and have undergone unnecessary medical testing based upon dr. wang's "advice". warranty and availability acu-gen has allegedly created new requirements for people who want to take advantage of the money-back guarantee. the attorney barry gainey, of gainey & mckenna, says that chang wang, acu-gen's president, is "making people send in the original birth certificate. he's making them get blood tests from the newborn baby. and there's other requirements that he's now adding to the refund in order to avoid paying back these people and giving them the 200-percent refund." none of those requirements were on the boxes shipped to early customers, but the requirements have since appeared on acu-gen's website. gainey has filed a class action lawsuit on behalf of 40 people who claim they received inaccurate results but were unable to obtain refunds from acu-gen. there have been conflicting reports about how often the company has refunded money to consumers who received an erroneous result with the test. in february 2006, wang said, "we don't mistakes . period." yet in october 2005 he had stated his company had issued four refund checks, including one for a case involving a vanishing twin. the pregnancystore.com states that none of the refund checks were issued as a result of the test being proven wrong by a live birth. their website states: to date, acu-gen has issued 200% refund checks to a few customers—not for incorrectly identifying the baby's gender at birth, though. two are for cases involving vanishing twins, one case due to insufficient blood sample, two cases caused by incomplete reactions and three reversal cases of no obvious reasons. all of these eight cases are currently into their second trimester of pregnancy. in march 2006, wang wrote in an e-mail to npr, he has "decided to defer all his energies regarding the bgm product and service for one more year, when results of actual births compared to the results provided by baby gender mentor should answer any concern about the accuracy of the test." initial news reports and the acu-gen website touted a 200% money-back guarantee. in may 2006, baby gender mentor website was modified to show a different warranty than the one that had originally promised to refund 200% of the purchase price of the test. the new warranty states: we guarantee that all test results are 99.9% accurate. if your test results are legitimately incorrect, baby gender mentor will refund you all costs that include laboratory and purchasing expenses.* a valid registration code and a birth certificate are required for the refund. you must read and follow all kit instructions. baby gender mentor is not responsible for any consequences resulting from failure to follow kit instructions. to claim the refund, the birth certificate should include both the address and name of the purchaser. in some instances, baby gender mentor may request the finger press of the baby to conclude the refund process... pregnancystore.com also updated their website to state that the warranty was only 100% of the purchase price. in july 2006, the pregnancystore.com reported that the test was "currently out of stock", and in-gender.com, a commercial sales blog, reported that the test has been completely pulled from the market in india. as of january 2007, pregnancystore.com no longer contains any mention of the kit on their website, although the babygendermentor.com website does contain a form for on-line purchasing of the kit. about acu-gen acu-gen is a biotech company in lowell, massachusetts and is led by chang-ning wang, the company's president. a national public radio reporter visited the address given as the headquarters of acu-gen in september 2005. they found that the building at that address contains a hindu temple and a company called biotronics, but no sign for acu-gen. according to npr, their inquiries at biotronics revealed the two companies have common ownership, but no one was available to comment for the npr story. acu-gen does not mention a direct link to biotronics in their marketing materials. however, they do state on their web-site that they utilize biotronics' amplisensor technology, according to the baby gender mentor website. amplisensor is a quantitative pcr assay invented by wang and marketed by biotronics, according to the baby gender mentor website. a news crew from television station wfts, an american broadcasting company (abc) affiliate, visited the acu-gen offices in february 2006. they found "about six employees inside wang's lab, some putting together sex test kits, others doing some type of lab work. there was a room full of machines chang said he created, and shelves stacked with blood samples supposedly sent in by women from across the united states." biotronics does make a laboratory instrument known as an ag-9600 amplisensor analyzer, which is used for quantitative dna analysis. it is not known whether the two journalists visited the same address, nor is it known whether acu-gen and biotronics currently share office or laboratory space. as of january 2007, acu-gen lists their address as "50 stedman street, lowell, ma". on december 2, 2006 biotronics' trademark on "amplisensor" (u.s. trademark registration number 1958576) was declared dead and cancelled. at that time, biotronics' address was listed as "44 stedman street, unit 5, lowell, ma". notes and references "moms sue, saying baby sex tests flawed". associated press. june 19, 2009. archived from the original on 19 june 2009. retrieved june 16, 2009. "gender bender". pew charitable trust. archived from the original on may 5, 2011. retrieved july 29, 2009. "step by step guide to baby gender mentor test". babygendermentor.com. archived from the original on april 10, 2009. retrieved july 29, 2009. "a total advantage". babygendermentor.com. archived from the original on 2 february 2007. retrieved january 16, 2007. o'crowley, peggy (2005). "parents may welcome baby gender test, but bioethicists worry". newhouse news service. archived from the original on april 27, 2006. retrieved january 16, 2007. "today show video segment". pregnancystore.com. archived from the original (flash) on february 3, 2006. retrieved july 18, 2006. goldberg, carey (june 27, 2005). "test reveals gender early in pregnancy". the boston globe. archived from the original on 24 february 2007. retrieved january 16, 2007. goldschmidt, debra (october 18, 2005). "gender bender—a new test claims it can determine fetal gender as early as five weeks into pregnancy. doctors are skeptical". newsweek. "parents sue manufacturer of baby gender mentor". the taipei times / the guardian, washington. march 16, 2006. retrieved july 17, 2006. church cc, miller mw (2007). "quantification of risk from fetal exposure to diagnostic ultrasound". prog. biophys. mol. biol. 93 (1–3): 331–53. doi:10.1016/j.pbiomolbio.2006.07.015. pmid 16949653. "baby gender mentor". fox9 news. 2006. archived from the original on 2006-03-15. retrieved july 17, 2006. langton, james (october 7, 2005). "revolutionary foetus sex test raises eugenics fears". daily telegraph. boyce, nell (september 29, 2005). "critics question accuracy of fetus sex test". national public radio. retrieved january 16, 2007. boyce, nell (october 10, 2005). "questions raised over accuracy of gender test". national public radio. retrieved january 23, 2007. ault, alicia (july 19, 2005). "the gender flap". the washington post. retrieved october 21, 2005. jose martinez (june 16, 2009). "baby gender mentor kit doesn't work, say misled moms suing maker". new york daily news. archived from the original on 19 june 2009. retrieved july 29, 2009. gniady, jennifer a. (april 1, 2008). "regulating direct-to-consumer genetic testing: protecting the consumer without quashing a medical revolution". fordham law review. 76. ssrn 1290303. "prick finger and collect blood". babygendermentor.com. archived from the original on 2 february 2007. retrieved january 16, 2007. boyce, nell; inskeep, steve (february 27, 2006). "revisiting the baby gender mentor". national public radio. retrieved january 16, 2007. kaiser j (2005). "an earlier look at baby's genes". science (registration required). 309 (5740): 1476–1478. doi:10.1126/science.309.5740.1476. pmid 16141041. s2cid 53886093. "science behind baby gender mentor test". babygendermentor.com. archived from the original on december 28, 2005. retrieved may 15, 2017. "faq—is the baby gender mentor test right for me?". babygendermentor.com. archived from the original on 2007-02-02. retrieved january 22, 2007. haberman, maggie (august 16, 2005). "kit makes it a womb with a view". new york daily news. archived from the original on august 13, 2006. retrieved january 16, 2007. standfield, robert (january 12, 2006). "what will they think of next?". daily record (uk). archived from the original on august 19, 2006. retrieved january 16, 2007. zand m.d., sarvenaz (february 26, 2006). "abc news: parents sue over pregnancy test said to tell baby's sex". retrieved january 19, 2007. "abc tampa's linda hurtado reports florida congressman urges fda to investigate baby gender mentor and similar products; florida attorney general investigates acu-gen". wfts. archived from the original (wmv) on november 16, 2006. retrieved january 19, 2007. "welcome to babygenderinvestigation.com". babygenderinvestigation.com. archived from the original on 15 january 2007. retrieved january 16, 2007. "baby gender mentor / acu-gen". wiliams love o'leary craine and powers p.c. (wlopc&p). archived from the original on january 8, 2006. retrieved january 16, 2007. "summary of the claims currently being investigated". babygenderinvestigation.com. archived from the original on 29 january 2007. retrieved january 19, 2007. "sex matters: baby's gender: no longer a secret?". u.s. news & world report. june 24, 2005. archived from the original on 24 february 2007. retrieved january 16, 2007. neighmond, patricia (june 30, 2005). "doctors question ethics of baby gender test". npr.org. national public radio. retrieved december 31, 2007. "new pregnancy test makes asia jittery". asian pacific post. august 11, 2005. archived from the original on october 13, 2006. retrieved january 19, 2007. george, sm. (july 2006). "millions of missing girls: from fetal sexing to high technology sex selection in india". prenat diagn. 26 (7): 604–609. doi:10.1002/pd.1475. pmid 16856224. s2cid 30172297. "punjab plans to ban us gender determination kit". gulf news. july 3, 2006. archived from the original on september 29, 2007. retrieved january 19, 2007. "baby gender mentor home dna gender testing kit". the pregnancystore.com. archived from the original on july 5, 2006. retrieved july 18, 2006. "things you must know". babygendermentor.com. archived from the original on 2007-02-02. retrieved january 21, 2007. "prenatal test reveals more than gender". the star-ledger. october 31, 2005. "acu-gen balks at giving refunds for birth certificates showing baby gender mentor was wrong". ingender.com. december 30, 2005. retrieved january 19, 2007. "experts call for regulation of baby gender tests". abc action news—tampa. february 20, 2006. archived from the original on march 14, 2006. retrieved january 16, 2007. "pregnancy store.com in the news!". pregnancystore.com. archived from the original on june 14, 2006. retrieved july 18, 2006. "limited warranty". babygendermentor.com. archived from the original on 2007-02-02. retrieved january 16, 2007. "gender selection guide". www.ingender.com. retrieved 2009-08-27. "india state plans to ban baby gender mentor and other early prenatal gender tests". in-gender.com. july 2, 2006. retrieved january 19, 2007. "pregnancy store: one-stop shop for moms-to-be". pregnancystore.com. archived from the original on 22 january 2007. retrieved january 22, 2007. "bgm test kit: $25.00 (not include $250.00 lab service fee)". babygendermentor.com. archived from the original on 2007-02-02. retrieved january 22, 2007. "biotronics corporation". biotech-register.com. retrieved january 19, 2007. us 6033854, kurnit, david m.; chiang, pei-wen & wang, chang-ning j., "quantitative pcr using blocking oligonucleotides", published 2000-03-07, assigned to biotronics corp. "contact us". babygendermentor.com. archived from the original on 2007-04-30. retrieved may 9, 2007. "amplisensor". united states patent and trademark office. retrieved january 21, 2007. 55.clinic for baby gender selection gender selection issues and advice. bibliography wang, cnj; wu ky; wang h (1995). quantitative pcr using the amplisensor assay. in: pcr primer: a laboratory manual (dieffenbach cw, dveksler gs (eds) ). cold spring harbor laboratory press. pp. 193–202. isbn 978-0-87969-447-0.