SAN DIEGO (CBS 8) - A Texas company is facing a lawsuit in San Diego over claims its product can predict the gender of an unborn baby.

IntelliGender said it can determine if the baby will be a boy or a girl as early as ten-weeks into a pregnancy, but a city attorney is not buying the claim.

IntelliGender can be found in most major pharmacies, but City Attorney Jan Goldsmith said there are several problem with the claim it can determine the sex of a fetus as early as ten-weeks into a pregnancy.

City officials purchased a kit and took it to UC San Diego's experts for testing.

"It's rate of success is 50-percent, which would be about the same as flipping a coin," said Goldsmith.

City Attorney Goldsmith also claims the kit is dangerous and has injured people.

"There have been incidents of women who have found it dangerous in that it explodes. Our experts tell us and they're going to testify that this has the same ingredients as Drano," he said.

After opening arguments on Monday, a lawyer representing the company and the two mothers who founded it, told CBS News 8 their product is safe and they have refined it over time. The lawyer also said the lawsuit is taking a toll on the owners.

"It is very stressful upon them, their families, their business, their careers, and there's gotta be a better way to attempt to resolve the matters than the methods that are currently being used to bring this to the attention of the media," said Attorney John Colter.

Since the product can be used around the world, the city attorney said it's scary because in some cultures the gender of the baby can have life or death implications.