Antitrust Law Daily Wrap Up, ADVERTISING NEWS: Marketers of UV light disinfectant devices settle FTC false advertising charges, (Aug 20, 2015)
Organizations Mentioned:Angel Sales, Inc. | Bureau of Consumer Protection | Zadro Health Solutions, Inc.
By Linda O’Brien, J.D., LL.M.
Two marketers of ultraviolet light “disinfectant” devices have agreed to stop making claims that their devices could kill foot fungus and dangerous bacteria like MRSA, E. coli, and Salmonella in order to settle FTC charges that they engaged in false and unsubstantiated advertising, the agency announced today (FTC v. Angel Sales, Inc., File No. 152-3094).
According to the FTC complaint filed in the U.S. District Court for the Northern District of Illinois, Angels Sales, Inc. and its owners, Robert and Laura Engel, made false and baseless advertising claims about their shUVee devices. The Angel Sales defendants marketed their ultraviolet devices directly on their shuvee.com website and through national retailers, including on skymall.com, amazon.com, and walgreens.com websites and in the SkyMall in-flight catalog.
In their ads, the Angel Sales defendants claimed that the shUVee devices could “keep your shoes odor-free and bacteria-free without the spray can” and that “the UV light reaches all the way into shoes to the toes where the bacteria live.” They claimed that shUVee “kills over 95% of germs, bacteria, even the fungus responsible for the highly contagious MRSA bacteria – in less than one hour.” Prices for the shUVee devices ranged from $99.99 to $139.99, according to the complaint.
In a separate action filed in the U.S. District Court for the Central District of California (FTC v. Zadro Health Solutions, Inc., File No. 152-3095), the FTC alleged that Zadro Health Solutions, Inc. and its owners Zlatko and Rebecca Zadro made similar false and baseless advertising claims about their Nano-UV devices. The Zadro Health Solutions defendants marketed their ultraviolet Nano-UV devices directly on their own zadrohs.com website and through national retailer websites, including skymall.com, amazon.com, drugstore.com, target.com, brookstone.com, and wayfair.com, and in catalogs such as SkyMall, Magellan’s, Hammacher Schlemmer, and Frontgate.
In their ads, the Zadro Health Solutions defendants claimed that their devices “safely kill 99.99% of targeted bacteria – E. Coli, Salmonella and the H1N1 (swine flu) virus in 10 seconds” and that their “specifically designed Disinfecting Wands have been proven to eliminate 99.99% of targeted germs and viruses in as little as 10 seconds.” Zadro Health Solutions’ water and surface disinfectant devices allegedly were touted as “producing sufficient energy to damage and alter DNA of all kinds of microorganisms.”
On their Nano-UV packaging, the Zadro defendants allegedly claimed Nano-UV wands were proven effective for killing 99% of germs on numerous surfaces, including in food preparation areas, nurseries, footwear, shower floors, public rest rooms, and clinics. Prices for the Nano-UV devices ranged from $59.99, to $159.99, according to the complaint.
Under the settlement orders against Angel Sales and Zadro Health Solutions, the defendants are prohibited from making false or unsubstantiated claims for any device regarding its disinfectant efficacy. They also are prohibited from making any claims about the health benefits, performance, or efficacy of any product or service unless the claims are truthful and non-misleading and, at the time they make the claim, the defendants possess and rely upon competent and reliable scientific evidence. Finally, the orders prohibit the defendants from misrepresenting that the benefits of any product or service are scientifically proven, and from misrepresenting any scientific test, study, or research.
The settlements impose judgments of $656,423 and $629,359 against Angel Sales, Inc. and its principals and Zadro Health Solutions, Inc., respectively. Based on their ability to pay, the Angel Sales judgment is suspended and the Zadro Health Solutions’ judgment is partially suspended upon payment of $222,029 for consumer refunds. In each case, the full judgment will become due immediately if defendants are found to have misrepresented their financial condition.
“The defendants said their devices’ UV rays would kill dangerous microorganisms, but they didn’t have scientific evidence to back that up,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection. “I’m pleased that the FTC’s action has put an end to these deceptive claims.”
Companies: Angel Sales, Inc.; Zadro Health Solutions, Inc.
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