Malcolm Owen
Breathometer, producer of a breathalyzer accessory for the iPhone, has agreed to provide refunds to customers in a settlement with the Federal Trade Commission, after claims about the device's lack of accuracy were investigated by the regulatory group.
The original Breathometer launched in 2013 as a car key-sized accessory that plugs into the headphone jack of an iPhone, with the $50 device providing a reading of the user's blood alcohol concentration (BAC) through a companion app. A second-generation device, Breeze, offered the same functionality but connected to an iPhone wirelessly over Bluetooth, and with a higher $100 price tag.
The FTC accused the company of overstating the accuracy of the devices, with advertising claims suggesting both passed "government-lab grade testing," and in the case of the Breeze, was a "law enforcement-grade product."
It was alleged by the FTC that neither of the devices were adequately tested for accuracy, with the defendants apparently aware the Breeze regularly understated measured BAC levels, but failed to notify customers of the issues.
"People relied on the defendant's products to decide whether it was safe to get behind the wheel," said FTC Bureau of Consumer Protection director Jessica Rich. "Overstating the accuracy of the devices was deceptive - and dangerous."
As part of the settlement, Breathometer has agreed to provide full refunds to customers requesting compensation, with forms supplied via the company's website. The company is also barred from making any future accuracy claims for a consumer breathalyzer product, unless they are supported by rigorous testing.
The FTC claims sales of the original and Breeze models combined total $5.1 million, though the company no longer sells the devices. Breathometer has since moved on to a new type of product, with Mint claimed to provide data on the user's breath for health monitoring purposes.
"We feel it is important to clarify that this settlement does not undermine our achievements in creating quality consumer health devices," a blog post on the Breathometer website advises. "We proactively stopped manufacturing Original and Breeze in 2015, prior to the FTC's inquiry."
Christine McKee
William Gallagher
Wesley Hilliard
12 Comments
I wish more advertisers were put to the fire with their over-the-top claims. Shame on these companies for putting garbage out there and trying to pass it off as something legit.
In addition to the rightfully-deserved refunds, the company/owners should be fined into oblivion for what is essentially fraud. They got off easy.
Wasn't this on Shark Tank a few years back?