Inaccurate million dollar breathalyzer "was deceptive and dangerous" (UPDATED)
Breathometer's 'A01 Smartphone Breathalyzer' billed as the "world's first smartphone breathalyzer" is a failure! The Breathometer company which ran a successful crowdfunding campaign on Indiegogo, received $1 million from wealthy investors on 'Shark Tank' to develop a smartphone breathalyzer.
FTC calls Breathometer inaccurate and deceptive
The Breathometer was so inaccurate the Federal Trade Commission (FTC) forced them to stop selling their "law enforcement-grade" breathalyzer.
Breathometer claimed they could accurately calculate a person's blood alcohol content from 0.000% to 0.250%. But the FTC discovered, it was all a lie.
"Breathometer agreed to settle FTC charges that they lacked scientific evidence to back up their advertising claims. Overstating the accuracy of the devices was deceptive — and dangerous.”
Breathometer is also permanently banned from making any breathalyzers or Breathometer apps. unless such claims can be supported by rigorous testing. The company's CEO Charles Michael Yim also agreed to compliance monitoring and reporting for TEN years.
“It is ordered that Defendants, Defendants’ officers, agents, employees, and all other persons in active concert or participation with any of them, who receive actual notice of this Order, whether acting directly or indirectly, in connection with the advertising, labeling, promotion, offering for sale, sale, or distribution of any Breathalyzer Device are permanently restrained and enjoined from making, or assisting others in making, expressly or by implication, including through the use of a product or program name, endorsement, depiction, or illustration, any representation that the Breathalyzer Device is comparable or superior to other Breathalyzer Devices.”
Updated 2/24:
Scam Scram Systems Alcohol and Location Monitoring is accused of selling defective devices that send false positives.
"Scam Scarm is being sued for their failure to disclose a known defect with their transdermal monitoring device which causes false-positive readings as a result of multiple environmental contaminants unrelated to the said wearer’s consumption of any alcohol. The Defendants are aware of, and still aware of this defect in their own transdermal monitoring device, yet have done nothing to inform their customers of this potential defect prior to providing them the devices and charging them for the service."
Shark Tank is still promoting the Breathometer
image credit: Inside Bay Area
As of today 'Shark Tank Products' is still promoting, the Breathometer!
They claim, it "gives you an accurate measurement of your blood alcohol content. The Breathometer app on your smartphone instantly displays an accurate BAC reading so that you can make an informed decision. It also provides an estimate on when your BAC will return to zero."
Why would 'Shark Tank', still be promoting a deceptive product you ask? According to the FTC, Breathometer made investors $5.1 million, so in one sense it wasn't a total failure. Was it all about the money? Why didn't the FTC force 'Shark Tank investors' to return their profits?
Breathometer customers forced to pay their own shipping
Breathometer agreed to provide refunds for everyone that purchased their inaccurate breathalyzer, but their refund policy makes it extremely hard for customers to ever get a refund. Customers have a 30 day window from the date of purchase and must send it back in its original box. They also have to pay their own shipping!
So to re-cap, customers were deceived into purchasing an inaccurate product and had to pay shipping & handling, now they're being asked to pay it a second time. Hey Breathometer, why didn't you send all your customers RMA's so they don't have to pay shipping & handling a SECOND time!
Why didn't the FTC force Breathometer to pay for all the DUI's people got using an inaccurate breathalyzer?
A recent 'verified' Amazon purchase dated January 11, 2017 warns people, "DO NOT PURCHASE THIS. IT DOES NOT WORK AND YOU HAVE NO OPTION FOR A REFUND. INCREDIBLY ANGRY"
Breathalyzer redesigned to be a bad breath detector
Breathometer only sells oral breath testers now, because the FTC forbids them from making any product that doesn't "rely on competent scientific evidence by experts." Their Mint bad breath tester claims, high sulfur compounds in a person's mouth can be an indicator of poor oral health.
After all this, the company has the audacity to claim to be a "pioneer in breath analysis technology" you know, because a bad breath detector is totally scientific.
Well I guess, if the Feds forced you to stop making breathalyzers, then yeah, you're only option is to be a "pioneer" in the bad breath field.
Sadly, there are still numerous smartphone breathalyzers on the market, like the BACtrack, Alcohoot AHT101, AlcoMate REVO Police Caliber Breathalyzer, Vastar AB130 and the AlcoHawk.
The FTC warns, people to be skeptical of apps promising the same accuracy as law enforcement breathalyzers. Don't even get me started on the inaccuracy of law enforcement breathalyzers.