Class-action lawsuits filed against NJ lab over ‘fake’ tests

Two class-action lawsuit have been filed against Teterboro-based Infinity Diagnostics Labs, a company that sold kits that promised rapid coronavirus test results that were actually antibody tests, according to the lawsuits.

The FBI raided the company’s office in Ventnor City in early December and advised customers who were tested using a finger prick blood test to be retested.

No explanation was given but the FBI cited the Food and Drug Administration's website as saying "rapid" finger prick blood tests are only antibody tests and should not be used for diagnosing active cases of coronavirus. Only a test that uses a nasal swab or saliva should be used to diagnose active cases of COVID-19, according to the FDA.

The FBI on Tuesday said it had no additional information about its investigation into Infinity Diagnostics, including how many people took the false test.

"As a result of the deceptive and misleading sales practices described herein,

thousands of frightened and desperate people have had $75 stolen from them under false pretenses and have now been told by an agency of the federal government that they should be retested," the lawsuit states.

At least four people who paid for the $75 tests are part of the suit filed on Dec. 15 in Superior Court in Atlantic County. Among them is Philip Naylor, of Egg Harbor Township, who bought 60 tests for employees responsible for sanitizing Atlantic City International Airport and the county's Air National Guard base.

Thomas and Bonnie Young, of Galloway, took the test after Thanksgiving dinner with their daughter, who later revealed the next day she had tested positive for coronavirus, according to the lawsuit. Thomas is a bus driver and was required to take a test for his job. The couple watches their 5-year-old grandchild twice a week.

"Infinity knowingly put people at risk by giving them a false sense of security that

they were negative for COVID-19 at the time of testing, when in fact, those same persons could have been infected and contagious, potentially killing their friends and family," according to the lawsuit.

The suit seeks for Infinity to refund the cost of the fake tests and to pay for re-testing.

Another class-action suit was filed against Infinity by Evan Bell, of the Mays Landing section of Hamilton in Atlantic County, accuses the company of violating New Jersey's Consumer Fraud Act.

Infinity Diagnostics did not return our request for comment on Tuesday.