FOR RELEASE: JUNE 9, 1995
MARKETERS OF OZONE-GENERATOR AIR CLEANERS
AGREE TO SETTLE FTC CHARGES
In two separate cases, the marketers of ozone generators for
use in homes and offices have agreed to settle Federal Trade
Commission allegations that they made unsubstantiated claims
about the ability of the products to clean air of various indoor
air pollutants and to prevent or relieve allergies, asthma and
other conditions. The marketers include two Minnesota-based
sister companies -- Living Air Corporation and Alpine Industries,
Inc.-- and Quantum Electronics Corporation of Warwick, Rhode
Island.
Under the settlements, the companies and their principal
officers would be prohibited from making similar claims, or any
other claims about the efficacy, performance, or health-related
benefits of any air cleaners, unless the claims are supported by
adequate substantiation.
These are the first cases that the FTC has brought involving
air cleaners that generate ozone. Ozone generators are machines
that circulate room air through an electrically charged plate.
The plate converts the oxygen into ozone, which is then recir-
culated into the room by a fan in the unit.
In one complaint detailing the charges, the FTC named:
Living Air Corporation, based in Coon Rapids, Minnesota; Alpine
Industries, Inc., based in Blaine, Minnesota; and William J.
Converse, an officer of both companies. These respondents'
products include the Living Air Model XL15, which sells for about
$600. In a second complaint, the FTC named Quantum Electronics
Corporation, based in Rhode Island; and its officers, Albert O.
Coates, Maurice Lepenven, and Jacqueline J. Maynard. These
respondents market the Panda 200 for about $400, and other ozone
generators.
The FTC alleged that the respondents advertised, labeled and
sold their ozone generators as air cleaning products for use in
homes, offices, and other commercial establishments. According
to the complaint, advertisements and promotional materials for
the products represented that:
-- the products eliminate or clear specified chemicals,
gasses, mold, mildew, bacteria and viruses, or dust
from the environment;
-- the use of ozone is more effective than air cleaners
using filters in cleaning or purifying indoor air;
-- the products do not create harmful by-products; and
-- the products prevent or provide relief from allergies,
asthma, and other specified conditions.
The FTC alleged that the respondents did not have adequate
evidence to back up these claims.
The proposed consent agreements to settle the charges,
announced today for public comment, would require the respondents
to have competent and reliable scientific evidence to support
claims of the type challenged by the FTC for any air cleaning
product. Any representations about the efficacy, performance, or
health-related benefits of any air cleaning product would have to
be supported by competent and reliable evidence, which when
appropriate must be scientific evidence.
The proposed settlements would require the companies to
notify any officers or employees involved in preparing and
placing their advertisements, as well as present distributors and
retailers, of the FTC action.
Finally, the settlements contain various reporting pro-
visions that would assist the FTC in monitoring the respondents'
compliance.
The Commission vote to accept the proposed consent
agreements for public comment was 5-0. The consents will be
published in the Federal Register shortly and will be subject to
public comment for 60 days, after which the Commission will
decide whether to make them final. Comments should be addressed
to the FTC, Office of the Secretary, 6th Street and Pennsylvania
Avenue, N.W., Washington, D.C. 20580.
NOTE: A consent agreement is for settlement purposes only and
does not constitute an admission of a law violation. When the
Commission issues a consent order on a final basis, it carries
the force of law with respect to future actions. Each violation
of such an order may result in a civil penalty of $10,000.
Copies of the complaints, the proposed consent agreements,
and analyses of the agreements to assist the public in
commenting, are available from the FTC's Public Reference Branch,
Room 130, same address as above.
(FTC File Nos.: Living Air et al. 932 3112; Quantum 932 3111)
(Living)
Sicherung von: http://web.archive.org/web/20020203020440/http://www.ftc.gov/opa/1995/9506/living.htm