(Legal Newsline) — Breathometer, Inc. and founder and CEO Charles Michael Yim agreed Jan. 23 to
Federal Trade Commission (FTC)
allegations the company lacked scientific evidence to back up advertising claims.
markets two app-supported smartphone accessories that are supposed to measure
consumers’ blood alcohol content (BAC). Yim first obtained funding for the
accessories after appearing on the television show “Shark Tank.” The company
went on to market its two products – Original and Breeze – with such claims as “government-lab
grade testing.” The FTC alleged that the company made these claims without
proper evidence of accuracy.
“People relied on the defendant’s products to decide whether it was
safe to get behind the wheel,” Jessica Rich, director of the
FTC’s Bureau of Consumer Protection, said. “Overstating the accuracy of the
devices was deceptive — and dangerous.”
has been banned from making claims in the future unless the claims are
supported by rigorous testing. Additionally, the company must offer a full refund to any customer who requests one.
voted 3-0 to authorize the staff to file the complaint and stipulated order.
The order was filed in the U.S. District for the Northern District of