Function Health has filed a false advertising lawsuit against Superpower, accusing the rival lab-testing startup of overstating what its membership includes and running comparative marketing that Function says misleads consumers about both companies’ offerings.
The complaint, filed January 26 in the U.S. District Court for the Central District of California, centers around Superpower’s recurring marketing claim that its baseline membership includes “100+ lab tests” or “100+ biomarkers” annually.
Function alleges that Superpower consumers actually receive roughly 55 direct lab measurements as part of that package, with the remainder of the “100+” figure coming from calculated ratios or indices derived from the measured values rather than additional laboratory tests. The complaint argues that presenting those calculated metrics as “labs” or “biomarkers” can create a false impression about the breadth of testing, especially when Superpower uses those numbers in side-by-side comparisons with Function.
Function says its own membership includes prepaid access to 160+ lab tests per year, structured as 100+ tests upfront and 60+ follow-up tests later in the membership period.
Function’s complaint also devotes significant attention to Superpower’s comparative advertising, which it says is designed to position Superpower as an equivalent or...
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