False advertising about sperm sales is legal in Georgia, court rules

Zelt v. Xytex Corp., — Fed.Appx. —-, 2019 WL 423052 (11th Cir. Feb. 4, 2019)Reproductive rights advocates often make the point that legal interventions to prioritize fetal life over all other considerations have collateral consequences far beyond abortion.  As the court here decides, those consequences include immunizing a sperm bank from the consequences of its fraud.The Zelts sued Xytex, a for-profit sperm bank, for misrepresenting the characteristics of the sperm donor whose sperm they used to fertilize their eggs, resulting in two children. On its website, Xytex promised it would carefully screen men applying to donate sperm using interviews and a physical exam to ensure their suitability to become a donor. Its website also stated that Xytex would conduct physical exams every six months to confirm donors’ “continued good health,” update online donor profiles, and convey new information learned about donors to clients who used sperm purchased from…

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