“Hey, there’s an App for that!” May be a popular advertising phrase, but when it comes to some health apps, the FTC says NO THERE AREN’T. The makers of a Breathalyzer app to tell you when you’re too drunk to drive were just busted by the FTC. It alleges they made claims about how their app worked they couldn’t support scientifically. It was marketed on Amazon, Best Buy and Brookstone according to the Federal Complaint. The Feds have demanded refunds to customers and it looks like the business will do it. I’ll drink to that! Just not too much and NOT before driving!
In 2013, Charles Michael Yim, founder and CEO of Breathometer appeared on the hit ABC show “Shark Tank.” By the end of the segment, Yim had become the first entrepreneur to get all five sharks to join together in backing his product. Yim raised $1-million….4 times what he originally asked requested.
Per the FTC:
According to the FTC’s complaint, promoters obtained initial financing for their breathalyzer product by successfully pitching it to the investors on the television show “Shark Tank.” The defendants sold two versions of the Breathometer – Original and Breeze. Ads for both products claimed that their accuracy was proven by “government-lab grade testing.”
Ads for Breeze further claimed that it was a “law-enforcement grade product.”
In truth, neither Original nor Breeze were adequately tested for accuracy, the FTC alleged. Further, the FTC charged that the defendants were aware that Breeze regularly understated BAC levels. Nonetheless, they allegedly failed to notify users of these problems and continued their deceptive advertising.
As detailed in the complaint, Breathometer Original is a small device that attaches to a smartphone through the audio jack. Sold on the defendants’ website, as well as through other online retailers such as Amazon.com, BestBuy.com, and Brookstone, Original typically retailed for $49.99.
Breeze is a small Bluetooth-enabled device, sold through the same retailers, typically for $99.99.
To use either device, consumers would download the free Breathometer app to their phone and blow into the device. Within five seconds, a purported BAC level would be displayed on the consumer’s phone.”
Here’s the FTC statement on the agreement