It allegedly sells seven air purifier models with its patented needlepoint bipolar ionization technology. All rights reserved. He added that Boeing researchers deemed the study inconclusive., Plaintiffs Complaint throws the proverbial kitchen sink at GPS in the hopes that something might stick, the air purifier company says in court documents filed May 24 as part of its motion to dismiss the proposed class action. The New York State Education Department is not recommending that schools buy air purifiers it describes as ion generators or corona discharge technology.. The CDC, very specifically, does NOT recommend bipolar ionization or any other untested, unproven, or potentially harmful technology to keep indoor spaces safe during the COVID-19 pandemic. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice| Do Not Sell My Personal Information| Ad Choices The pesticide control association wrote in a 2019 public comment to the EPA of its concern about the growing use in health care facilities of non-government evaluated pesticide devices that make unsubstantiated human health claimswith no scientific data being submitted to EPA to prove their effectiveness.. In April, a covid-19 commission task force from The Lancet, a leading medical journal, composed of top international health, education and air-quality experts, called various air-cleaning technologies ionization, plasma and dry hydrogen peroxide often unproven..
But unlike chemical pesticides, the EPA does not register devices and, therefore, does not routinely review their safety or efficacy, the agency said. In 2001, a judge fined Alpine $1.49 million for failing to stop making unsubstantiated claims about its devices, which it had said relieved allergies and removed indoor pollutants. S&P Index data is the property of Chicago Mercantile Exchange Inc. and its licensors.
We followed the doctors and the hospitals and the government, he said. P.O. This can be achieved by opening windows, using exhaust fans near pollutant sources (e.g. Thats a good thing because it means youre not breathing them in anymore., While the company is careful not to make any medical claims, Lozano mentions some of the many positive responses hes received from customers. https://www.cdc.gov/coronavirus/2019-ncov/community/ventilation.html#refphf, Vaniman Manufacturing Co. 25799 Jefferson Ave Murrieta, CA 92562 Phone: (760) 723-1498, Vaniman Manufacturing Co.
Boeing did not test the technologys effectiveness in the air, only on surfaces.
Urso said in a statement that his companys devices do have establishment numbers, and that he supports the ruling against Shumaker. ), ClassAction.org: Falsely Advertised? Elevated exposures to ozone can cause permanent lung damage, and repeated exposure can even increase the risk of dying among persons already in poor health. KHN (Kaiser Health News) is a national newsroom that produces in-depth journalism about health issues. such as some types of Clorox wipes are safe and, Association of American Pesticide Control Officials, These states are sending residents stimulus checks up to $1,500 to combat inflation, These U.S. cities and towns are paying remote workers up to $20,000 to move there. When a built-in ultraviolet light shines onto the coat, the gas is converted into trace amounts of water and carbon dioxide, which are actually good for plants.
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The Federal Insecticide, Fungicide, and Rodenticide Act, which regulates pesticide devices, was written decades ago and applied to things such as flypaper, long before anyone anticipated machines that would blast ions to clean the air. Over 300 manufacturers have submitted test results and obtained CARB certification of their air cleaning devices as required under our regulation. Various other independent studies such as this one from a handful of aerosol scientists, including Delphine K. Farmer have shown no significant impact from bipolar ionization on reducing aerosols of the size indicated by the defendant. EPA spokesperson Tim Carroll said in an email that the agency is developing more outreach materials for schools on air purifiers. That has left a handful of states to take the most decisive action on the industry. People are scared because of covid, and they capitalize on it., In filing a motion to dismiss the case, GPS told the court the lawsuit was an attempt to distort the facts and assert baseless claims, doing grave damage to GPSs business in the process., The GPS court document also says the disclaimers on its website make it unreasonable for any consumers to believe that the efficacy demonstrated in GPS studies will necessarily be the same for their particular application., It asserts that most of the GPS statements identified in the plaintiffs lawsuit such as safe to use and cleaner air amount to non-actionable puffery as they are vague generalities and statements of opinion.. The only solution I see to this problem is a government agency really takes ownership of this the information dissemination to consumers and the claims by manufacturers. The proposed class-action lawsuit says GPS makes deceptive, misleading, and false claims about its products based on company-funded studies that are not applicable to real world conditions., A GPS spokesperson said the lawsuit is baseless and misleading and that the company will aggressively defend against it. Consumer versions of the system for thealso followed (Spinoff 2013). Birds are especially sensitive to the effects of air pollutants, including ozone. In 2007, CARB adopted a regulation to limit ozone emissions from indoor air cleaning devices. Stephen Matthew Shumaker counted on in-home, in-person demonstrations to drive his water filtration business, which serves the Atlanta area. At this point, it is only allegations. 
At one point, even airliner manufacturer Boeing ran their own tests to see if bipolar ionization would be adequate for air travel and found it would not. In comparison, ionizing and dry hydrogen peroxide air purifiers have a less-documented track record in air cleaning, the CDC says. The California Department of Public Health advised in September against using air cleaning devices that generate harmful pollutants (i.e., ionization devices or ozone generators) on the third page of a single-spaced, 44-page document. Companies that make the devices are subject to virtually no standardized testing or evaluation of their marketing claims. Ozone is also known to deaden ones sense of smell. Shumaker then told an undercover agent on the phone on April 24, 2020, that the air purifier kills the Coronavirus Virus on the spot, according to a criminal complaint. His solution: If a pesticide device makes a public health claim, it should be evaluated with the same rigor used for pesticides like ant spray. Electrolux (now Dallas-based Aerus Holdings) furthered the technology by developing an air purification product that kills pathogens both in the atmosphere and on surfaces. The companies selling the devices say they can destroy pathogens and clean the air. However, when ozone concentrations are below the health standards, it does not effectively remove biological contaminants. Plasma Sols. Last fiscal year, Carroll said, the agency issued 19 import refusal notices and sent six advisory letters for COVID-related air-purifying productsa small fraction of its 2020 pesticide actions. If you win the $1.02 billion Mega Millions prize, youll be hit with a massive tax CA Notice at Collection and Privacy Notice. Inc., D. Also known as an ethylene scrubber, the device works by drawing in air through tubes coated with titanium dioxide.
The culprit is ethylenea naturally occurring gas emitted from plants that hastens ripening.
Trying to fill the gaps, California bans the sale of air purifiers that emit more than a certain level of the toxic ozone gas.
This [study] is totally damning, said Delphine Farmer, a Colorado State University associate professor who specializes in atmospheric and indoor chemistry who reviewed the Boeing report. Were just pushing EPA to try and get updated, said Patrick Jones, president of the Association of American Pesticide Control Officials. Global Plasma Solutions Inc. misleadingly touts its air ionization technology as capable of removing almost all Covid-19 virus from a room within an hour, a consumer alleges in a proposed nationwide class action. For worried parents and academic air-quality experts who regard industry-backed studies with skepticism, the Boeing report heightens their concerns. Bipolar ionization is one such technology. Rather than cleaning passing air, the companys family of air purification products does something unique: it takes the circulated air generated by a buildings heating and cooling ventilation (HVAC) system and produces molecules that disseminate into the environment, killing pathogens in the air and on surfaces. To keep plants fresh longer in space, Marshall Space Flight Center awarded funding to the University of Wisconsin-Madision to develop a titanium oxide-based device that reduced the amount of decay-inducing ethylene gas in the air. New Jersey doesnt have the same kind of regulation: KHN reported that a public school district there bought thousands of ozone-emitting Odorox devices on the California Air Resources Boards list of potentially hazardous air purifiers. The EPA can prosecute pesticide device companies and sellers under existing laws if a product makes misleading or false claimsand fines can reach into the millions, according to Brandon Neuschafer, a lawyer who specializes in agricultural regulations at the St. Louis-based firm Bryan Cave Leighton Paisner. The Boeing study has been cited in a federal lawsuit filed by a Maryland consumer against Global Plasma Solutions, maker of the needlepoint bipolar ionization technology that a Boeing spokesperson said its engineers tested. Whats more, these friendly cleaners are also mostly negatively charged ions. 2022 Fortune Media IP Limited. Information on our Pure Breeze HEPA Air Purifier can be found here on our website. Learn more about a Bloomberg Law subscription. The lawsuit claims that the defendants misrepresentations and false statements were woven into an extensive and long-term advertising campaign accelerating during the COVID-19 pandemic., People are being victimized by these companies for profit, said Mickey Mills, a Houston attorney for the plaintiff.
The device is installed into home ventilation systems, which disseminate the products friendly cleaners that kill pathogens in the air and on surfaces. The Centers for Disease Control and Prevention does not regulate the devices but, like academic air quality experts, recommends time-tested portable HEPA filters to clean the air in rooms. Certification is based on a device's low (usually near-zero) ozone emissions and electrical safety. Relief: Compensatory and punitive damages; restitution and disgorgement; and orders stopping the products sale and forcing corrective action. They go out and reduce contaminants throughout an entire home.. The Air Scrubber Plus is also available in models equipped with ozone, which greatly enhances the devices ability to combat strong odors from pets and cigarette smoke. Many commercial ozone generators emit more than 5,000 mg of ozone per hour of operation, which could result in unhealthy levels of ozone in indoor air.
A University of Arizona lab test described in the Boeing study found that the GPS device showed a 66.7% inactivation of a common cold coronavirus on a surface after an hour of exposure at up to 62,000 negative ions per cubic centimeter. As particles clump around the charged clusters, or friendly cleaners, they become too large to escape the systems filter, which means theyre not able to go on and damage coils and blowers needed to help keep the system running effectively. In one instance, Global Plasma Solutions used a chamber the size of a shoebox to support its claim that its Products could kill COVID-19 for a home or school, he said. Attorneys: Chimicles Schwartz Kriner & Donaldson-Smith LLP; Reich & Binstock LLP; the Mills Law Firm; and the Keeton Firm LLC represent Garner and the proposed class. Many schools used federal funds to purchase the products. But the state does have a one-of-a-kind law: It bans air purifiers that emit anything above a certain level of ozone. Thiscauses symptoms includingcoughing, chest tightness, shortness of breath, and impaired breathing. Aerospace giant Boeing tested two kinds of ionization technologies like those widely adopted in schools hoping to combat Covid-19 to determine how well each killed germs on surfaces and decided that neither was effective enough to install on its commercial planes. Log in to access all of your BLAW products, Photo Illustration: Jonathan Hurtarte/Bloomberg Law, (Updated with comment from company in seventh and eighth paragraphs.). As a result, a line of air purification systems utilizing the technology is now on the market that not only keeps food fresh in warehouses and markets but also helps decontaminate the air (Spinoff 2002, 2009). To contact the reporter on this story: Martina Barash in Washington at mbarash@bloomberglaw.com, To contact the editors responsible for this story: Rob Tricchinelli at rtricchinelli@bloomberglaw.com; Peggy Aulino at maulino@bloomberglaw.com. I was alone, Shumaker said in an interview about facing charges. In another instance, Global Plasma Solutions blasted the testing chambers with 27,000 ions per cubic centimeter, which its products cant do in real-world conditions, he said. But its one thing to grow plants; its another to keep them from aging prematurely. The commission requires claims about a products safety and efficacy to be supported with competent and reliable scientific evidence.. The company that makes the devices, ActivePure Technologies, said Shumaker was not an authorized or known salesperson of its products. Boeing found minimal or no reduction on surfaces in four other pathogens it tested with GPS ionizers for an hour in a Huntsville, Alabama, lab. dust and pollen) from the air, including the particles responsible for most allergies. But academic air quality experts say the technology can be ineffective or potentially create harmful byproducts.
So it was just like setting money on fire, he said. Besides making people feel better, Lozano says the technology also helps extend the life of a homes HVAC system. The benefits reaped by these two featuresthe antimicrobial agents and clumping capabilityhave been proven by peer-reviewed scientific studies, says Lozano. Del., No. So I dont knowwhat am I supposed to do? he asked. GPSs claims that its technology eliminates volatile organic compounds are contradicted by studies showing that it increases the concentration of some of those compounds, Garner says.
Its founder has said the method is advantageous because it goes out into the space of the room and seeks out contaminants, according to the complaint. a list of potentially hazardous ozone generators sold as "air purifiers", using exhaust fans near pollutant sources (e.g. There is scientific evidence that ozone concentrations below the health standards are not effective in removing many odor-causing chemicals. New York State Department of Health officials released the study in response to a KHN public records request about the education departments COVID-era guidance, which urges schools not to buy ionizers. And a majority of EcoQuest International assets were bought in 2009 by ActivePure Technologies, according to its 2021 press kit. In August, he pleaded guilty to distributing a pesticide device that was misbranded in that the product label was missing an EPA establishment number. In other words, he failed to follow the letter of a little-known law.
People who buy ozone generators may not be aware that ozone can harm the cells in the lungs and respiratory airways. However, ozone is only partially effective at cleaning the air when it is used at extremely high, unsafe levels that pose a serious health risk. In this specific case, independent studies found that the product lineup not only wouldnt provide any significant safety or air quality improvement as advertised, but could in fact introduce harmful byproducts to indoor spaces, such as: The lawsuit alleges these toxic substances could cause a range of health issues, including: It is true that several manufacturers of air purifiers use technologies not recommended by the CDC. Terms & Conditions. It also used a surrogate for the virus that causes Covid-19. 1001 IStreet, Sacramento, CA 95814 For years, NASA has been advancing technologies such as artificial lighting, plant monitoring devices, and growth chambers to advance that goal. If you get any serious government oversight, a big chunk of this industry will go away, said Siegel. Back in Georgia, Shumaker was fined more than $9,000 and is on two years probation.
Those led to only a handful of sales. This translates to savings on your utility bills and reduces the chances of needing expensive repairs, Lozano says. Ozone can worsen asthma symptoms, and may contribute to the development of asthma. Its claims that the products dont add harmful byproducts is wrong because they emit acetone, ethanol, and other toxic chemicals, he says.
An alphabet soup of federal agencies have truth-in-advertising or product medical device oversight powers but have done little about air cleaners or left broad loopholes. Other governmental agencies agree with this advice. This is because high levels of ozone can be used in the water, most of the ozone reacts in the water, and people typically are not present when the ozone is used. Technologies that claim to do the same through physical meansincluding air purifiers that inactivate bacteria and virusesare considered pesticide devices. Some consumers purchase air purifiers to eradicate odors. As we have stated previously, this is an unproven technology for dealing with COVID-19. The case is Garner v. Glob. Manufacturers sometimes inappropriately refer to ozone as activated oxygen, super oxygenated or energized oxygen, which implies that ozone is a healthy kind of oxygen. Phone: (760) 723-1498, Refurbished Pure Breeze HEPA Air Purifier 10534, Dental Dust Collectors For Lab & Office, Settle Time Calculator for Dental Procedures, class action lawsuit filed against a North Carolina-based manufacturer, this one from a handful of aerosol scientists, https://www.classaction.org/blog/falsely-advertised-class-action-claims-global-plasma-solutions-air-cleaning-products-make-the-air-worse, https://www.boeing.com/confident-travel/research/use-of-bipolar-ionization-for-disinfection-within-airplanes.html, https://www.cdc.gov/coronavirus/2019-ncov/community/ventilation.html#refphf, VIDEO: The Poly Guard II Shield Benchtop Dust Collection Accessory, Sandblaster Nozzle Size Chart for Sandblasting Applications, VIDEO: Get Up Close With the Perfect View Magnifier, Micro Abrasive Sandblasting Tips and Advice to Ensure Success, Irritation to eyes, throat, nose, and lungs, Damage to the brain, muscles, liver, and kidneys. Given the specific environment this was tested in, the quality of the materials, and the method in which the virus was dispersed, it is safe to say that the bipolar ionization system used in this experiment has the ability to deactivate SARS-CoV-2 with the given ion counts, the Aug. 7 report from the third-party lab says. It is a simple and elegant solution to a broad range of air quality related issues. There is no review associated with that, said James Votaw, a lawyer who specializes in chemical regulation law at Keller and Heckman in Washington, D.C. That is automatic. Space-Age Water Purification Anywhere on Earth, National Aeronautics and Space Administration, Charged Particles Kill Pathogens and Round Up Dust. CARB provides a list of potentially hazardous ozone generators sold as "air purifiers", which is periodically updated. The following information provides the list of CARB certified air cleaning devices and additional information on how to choose a safe and effective air cleaner. He finds the company-by-company approach to be a game of whack-a-mole., A company goes away because they have regulatory scrutiny and reinvent themselves a few months later, he said. GPS is incorporated in Delaware and headquartered in Charlotte, N.C., according to the complaint. The corona discharge ionization technology from another vendor that Boeing also studied did emit ozone at levels that exceeded regulatory standards.. Companies that make the air purifiers say they emit charged ions, or activated oxygen, that are said to inactivate bacteria and viruses in the air.
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