The Federal Trade Commission reached a settlement with Breathometer on Monday, barring the company from making future claims about the accuracy of its smartphone breathalyzer.
Breathometer, which gained fame for its breathalyzer smartphone accessories that appeared on the ABC reality show Shark Tank, sold two versions of its products—the Original and the Breeze—claiming they were proven by “government-lab grade testing,” according to the FTC. An ad for the Breeze claimed it was a “law-enforcement grade product.”
The FTC alleged that neither claim was true and that the Breeze often understated blood alcohol content. Under the settlement, Breathometer cannot make future accuracy claims about its breathalyzer products without rigorous testing. The company will also notify and pay full refunds to customers who purchased their products.
Breathometer creator Michael Yim received $1 million through deals from Shark Tank investors and raised an additional $138,437 through an Indiegogo crowdfunding campaign.