Back in Georgia, Shumaker was fined more than $9,000 and is on two years probation. In addition to converting ethylene into harmless byproducts, the scrubber was also found to kill pathogens. In April, GPS published the results of additional tests it funded at a third-party lab showing its technology is highly effective in neutralizing the SARS-CoV-2 pathogen., Boeing engineers said their study highlights the need for those in the ionization business to standardize the evaluation of the technology to allow comparison to other proven methods of disinfection.. To forestall that process, in the 1990s the Wisconsin Center for Space Automation and Robotics, a NASA Research Partnership Center located at the University of WisconsinMadison, developed an ethylene reduction device. It allegedly sells seven air purifier models with its patented needlepoint bipolar ionization technology. Thats the step Shumaker pleaded guilty to skipping. All Rights Reserved. Shumaker told KHN he was just a salesperson and the devices were being shipped straight from the manufacturer. 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 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 controversy is getting the attention of school officials from coast to coast. Some consumers purchase air purifiers to eradicate odors. If you get any serious government oversight, a big chunk of this industry will go away, said Siegel. CARB recommends that ozone generators not be used, except for approved industrial purposes where harmful exposure to ozone is prevented. In a nutshell, the lawsuit alleges that the company engaged in fasle, deceptive, and misleading advertising, and that the products were not only incapable of performing as marketed, and could even make the indoor air quality worse for people. For years, NASA has been advancing technologies such as artificial lighting, plant monitoring devices, and growth chambers to advance that goal. Bipolar ionization is one such technology. I was alone, Shumaker said in an interview about facing charges. 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. NASA is to thank for laying the foundation for a breakthrough product in indoor air quality, Lozano says. AtmosAir spokesperson Sarah Berman said the device studied in 2013 is discontinued and all current products have no affiliation to it. For such a big chunk of that [money] going to something potentially ineffective is really frustrating, she said. 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. For worried parents and academic air-quality experts who regard industry-backed studies with skepticism, the Boeing report heightens their concerns. They include arcane terms like natural decay and test conditions that only an expert could spot as different from those that prevail in real life. Consumer versions of the system for thealso followed (Spinoff 2013). Dr. Deborah Birx, former adviser to President Donald Trump, joined ActivePure in March as chief medical and science adviser. Learn more about a Bloomberg Law subscription. 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. 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. That guidance was widely overlooked. Del., No. clean frequently and thoroughly to prevent dust and mold build-up. Thats one of the reasons these companies thrive, is that theres nobody, nobody checking every aspect of what they do, said Delphine Farmer, a Colorado State University associate professor who specializes in atmospheric and indoor chemistry. The lawsuit has only been filed this week, and theres no word yet as to whether it will move forward in court. 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. Those led to only a handful of sales. As we have stated previously, this is an unproven technology for dealing with COVID-19. The companies selling the devices say they can destroy pathogens and clean the air. 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 Called ActivePure Technology, and commercially available since 2013 as the Air Scrubber Plus, the key to its function is a proprietary blend of reactive metals added to the original titanium dioxide coating. 25799 Jefferson Ave However, merely filing such a wide-reaching class action lawsuit (representing anyone in the U.S. who purchased one of the manufacturers named products from the suit) highlights the dangers of rushing to purchase equipment offering unproven technologies. Potential Class Size: GPS has sold tens of thousands of units at least, according to the complaint. Subsequent missions used and improved the technology. 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. This can be achieved by opening windows, using exhaust fans near pollutant sources (e.g. Offers may be subject to change without notice. EPA spokesperson Tim Carroll said in an email that the agency is developing more outreach materials for schools on air purifiers. 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. However, when ozone concentrations are below the health standards, it does not effectively remove biological contaminants. Powered and implemented by Interactive Data Managed Solutions. 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. Aerus Holdings Air Scrubber Plus incorporates NASA ethylene-scrubbing technology. KFF is an endowed nonprofit organization providing information on health issues to the nation. Carroll said such investigations are ongoing and a high priority. The benefits reaped by these two featuresthe antimicrobial agents and clumping capabilityhave been proven by peer-reviewed scientific studies, says Lozano. Causes of Action: Fraudulent concealment, breach of express and implied warranties, violation of consumer-protection laws, and unjust enrichment. But it is devoid of any concrete, specific allegations plausibly alleging that GPS made even a single false or deceptive statement about its products., The plaintiffs case cites a KHN investigation that found that more than 2,000 U.S. schools had bought air-purifying technology, including ionizers. 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. They include one California superintendent who cited the lawsuit and switched off that districts more than 400 GPS devices. There is scientific evidence that ozone concentrations below the health standards are not effective in removing many odor-causing chemicals. The sting is a rare example of enforcement in an arena where money is gushing like a geyser but oversight is nearly nonexistent. 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. The company that makes the devices, ActivePure Technologies, said Shumaker was not an authorized or known salesperson of its products. A Boeing study found the technology isn't effective enough to use on planes. KHN (Kaiser Health News) is a national newsroom that produces in-depth journalism about health issues. The Wisconsin Center for Space Automation and Robotics used NASA funding to develop a titanium dioxide-based scrubber that converts the gas into water and carbon dioxide, both of which are beneficial to plants. Nobody backed me up.. Certification is based on a device's low (usually near-zero) ozone emissions and electrical safety. Box 2815, Sacramento, CA 95812. He sent cards in the mail advertising air purifiers using ActivePure technology to new homeowners: KILL COVID-19, CORONAVIRUS IN YOUR HOME!!. 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. dust and pollen) from the air, including the particles responsible for most allergies. So when COVID-19 hit and no one was inviting people indoors, he turned to the air-cleaning part of his operation. Unlike the situation in air, ozone can be used successfully to purify water in some applications. AAPCOs Jones said changes to federal oversight are needed to better deal with the flood of devices. It is a simple and elegant solution to a broad range of air quality related issues. Technologies that claim to do the same through physical meansincluding air purifiers that inactivate bacteria and virusesare considered pesticide devices. The Boeing study notes it was unable to replicate supplier results in terms of antimicrobial effectiveness., GPS cautioned that the Boeing tests examined disinfection of surfaces, not the air: While GPS products do have the ability to help reduce pathogens in air and on surfaces, GPS products are not chemical surface disinfectants.. They would not put their patients and staff in harms way.. A recent class action lawsuit filed against a North Carolina-based manufacturer has shined a spotlight on bipolar ionization as a solution for indoor air quality during the COVID-19 pandemic. 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. The California Air Resources Board is one of six boards, departments, and offices under the umbrella of the California Environmental Protection Agency. 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. Companies that make the devices are subject to virtually no standardized testing or evaluation of their marketing claims. 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. Many schools used federal funds to purchase the products. The CDC recommends considering in-room portable HEPA filter air purifiers in conjunction with continued mask use (for now) and indoor/outdoor exchange and increased filtration in ventilation systems. And while the agency requires proof that pesticides such as some types of Clorox wipes are safe and work in its premarket review, it has no such requirement for so-called pesticide devicessuch as electronic air cleaners that deploy ions or reactive oxygen to purify the air. 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. Joe Urso, CEO of ActivePure Technologies, told KHN that its studies showing its devices inactivate the virus that causes COVID were not completed until the fall, long after the postcards were sent. Those levels have ranged from 2,000 to 10,000 and even up to 30,000 ions per cubic centimeter when an HVAC system is running, according to records provided to KHN and statements made by company representatives. And the postcards that got him into trouble? One card landed on the desk of a postal inspector, who called it false and misleading in a court record. The case is Garner v. Glob. Yet surface tests comprise half of the test results the company lists on its pathogen reduction webpage, a GPS spokesperson confirmed. The Boeing engineers used the companys technology to try to kill E. coli on surfaces in a lab but found no observable reduction in viability after an hour. Prior to purchasing an air cleaner, consumers are encouraged to eliminate or reduce indoor pollution sources and to ventilate areaswith outdoor air. Boeing noted in its conclusion that air ionization has not shown significant disinfection effectiveness.. 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. Last summer, the private St. Thomas More School in Kansas City, Missouri, bought ionizing air purifiers to fight COVID. I see no other path forward.. Inc., D. The device is installed into home ventilation systems, which disseminate the products friendly cleaners that kill pathogens in the air and on surfaces. Megan McMillen, vice president of the Newark Teachers Association and a special education preschool teacher, said it was disheartening to know the cash-strapped district in the Bay Area spent so much on the devices instead of other safety measures or services to mitigate learning loss after the chaotic pandemic year. Almost a decade before COVID emerged, New Yorks education department asked state health officials to test an AtmosAir bipolar ionization unit to see if it would improve the air quality. A KHN investigation this spring found that over 2,000 schools across the country have bought such technology. This fact sheet discusses these health risks and provides effective, alternative solutions to address indoor air quality problems. Ozone is released through the charging process, although these devices typically emit much less ozone than ozone generators. The Air Scrubber Plus is really improving peoples lives.. She also said in an email that tests by third-party labs found that our bipolar ionization products do not contribute to unacceptable levels of volatile organic compounds, which are potentially harmful substances. Federal Trade Commission officials have written warning letters to some air cleaner companies during the pandemic. GPS said it just learned of the suit and intends to aggressively defend our technology and claims., GPS was founded 13 years ago to safely deliver the clean air benefits of ionization without the negative effects of other ionization technologies, the company said in an emailed statement Monday. Some devices are marketed with advertising claims that they will kill viruses, bacteria, mold and other biological contaminants, and remove chemical contaminants and odors. 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. 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. 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. Ozone generated by air purifiers does little to remove chemical pollutants. Urso said in a statement that his companys devices do have establishment numbers, and that he supports the ruling against Shumaker. Not only does this disguise rather than eliminate odors, it can also have the dangerous effect of decreasing a persons ability to detect high ozone levels. This translates to savings on your utility bills and reduces the chances of needing expensive repairs, Lozano says. Electronic air cleaners, heavily marketed to gyms, doctors offices and hospitals, companies and schools awash in federal COVID relief funds, tend to use high-voltage charges to alter molecules in the air. All rights reserved. GPS records show the test was done on bacteria suspended in the air. People who buy ozone generators may not be aware that ozone can harm the cells in the lungs and respiratory airways. 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. A conceptual rendering of what a Martian garden could look like. Ozone generators can produce indoor ozone levels several times higher than the State'soutdoor 1-hr and 8-hr health standards of 90 parts per billion (ppb) and70 ppb respectively. Subscribe to Fortune Dailyto get essential business stories straight to your inbox each morning. If an ozone generator is not on this list, it does not mean that it is safe for use. 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. 1001 IStreet, Sacramento, CA 95814 But only air purifiers for a direct medical use or that make a medical claim, like relieving allergies, qualify. But to alter the law fundamentally would take congressional action, EPAs Carroll said. Relief: Compensatory and punitive damages; restitution and disgorgement; and orders stopping the products sale and forcing corrective action. 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. On May 7, law firms representing a man who spent over $750 on a GPS air cleaner in Texas filed the fraudulent concealment lawsuit against GPS in U.S. District Court in Delaware. New York City begins vaccinating students at schools. IE 11 is not supported. 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. That ion level is far higher than the amount of ions company leaders have said the devices tend to deliver to a typical room. Other governmental agencies agree with this advice. 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. Its claims that the products dont add harmful byproducts is wrong because they emit acetone, ethanol, and other toxic chemicals, he says. Some devices that are advertised as air purifiers purposely emit large amounts of ozone, the main component of smog. Boeing said in its report that with ionization there is very little external peer reviewed research in comparison to other traditional disinfection technologies such as chemical, UV and thermal disinfection and HEPA filters, all of which it relies on to sanitize its planes. A company spokesperson noted GPS appreciates Newarks concerns and has reached out to share additional data and answer questions, as well as extended an offer to conduct onsite testing to verify the safety of this technology and the added benefits.. CARB strongly advises against the use of ozone generators in spaces occupied by people or animals. These devices are designed to electrically charge particles in the air and cause them to attach to surfaces in the room, such as walls or floors. Because ozone reacts with some other molecules, manufacturers claim that the ozone produced by these devices can purify the air and remove airborne particles, chemicals, mold, viruses, bacteria, and odors. Comprised of hydrogen and carbon, ethylene can induce decay when left to accumulate in enclosed spaces such as a spacecraft. How do I know if theres a sticker on there or not? I dont have a clue.. S&P Index data is the property of Chicago Mercantile Exchange Inc. and its licensors. The New York State Education Department is not recommending that schools buy air purifiers it describes as ion generators or corona discharge technology.. 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). And independent testing hasnt replicated claims that its products can achieve certain benchmarks, including that it can reduce SARS-CoV-2 by 98.33% within 60 minutes, Garner alleges. Alpine is a related company to EcoQuest International, according to the FTC. Information on our Pure Breeze HEPA Air Purifier can be found here on our website. In one story, a woman was so allergic to cats that she wasnt able to stay at her daughters house for longer than 30 minutes at a time. But the state does have a one-of-a-kind law: It bans air purifiers that emit anything above a certain level of ozone. above stoves while cooking), Potential Health Effects from Ozone Generators (CPSC, 2006), U.S. Environmental Protection Agency Ozone Generator, carefully follow directions on consumer products, such as cleaning agents, paints, and glues, properly maintain and operate gas- and wood-burning appliances, purchase building materials and wood furniture that do not emit formaldehyde, use candles and incense sparingly, if at all. At the end of 30 minutes, the overall average decrease in active virus was more than 99 percent. The commission requires claims about a products safety and efficacy to be supported with competent and reliable scientific evidence.. The following month, Boeing began its own testing of GPS devices and another kind of ionization technology. 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. 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. Terms & Conditions. The district spent nearly $360,000 on the devices, an April board presentation shows. Stephen Matthew Shumaker counted on in-home, in-person demonstrations to drive his water filtration business, which serves the Atlanta area. The CDC also urges consumers to research the technology and request testing data. Those reports, though, can be difficult to parse. 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. In 2007, CARB adopted a regulation to limit ozone emissions from indoor air cleaning devices. We followed the doctors and the hospitals and the government, he said. While pesticide might evoke the idea of a roach killer, the EPA applies the term more broadly: A pesticide is any substance that claims to kill or mitigate pests. a list of potentially hazardous ozone generators sold as "air purifiers", using exhaust fans near pollutant sources (e.g. 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. 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. The study also demonstrated similar effectiveness in neutralizing black mold and other potentially dangerous pathogens. But unlike chemical pesticides, the EPA does not register devices and, therefore, does not routinely review their safety or efficacy, the agency said. First, a Kansas State University study showed that ActivePure Technology reduced an indoor environments amount of methicillin-resistant Staphylococcus aureus, or MRSA, by 99.8 percent and E. coli by 98.1 percent. Ozone can worsen asthma symptoms, and may contribute to the development of asthma. Weeks later, as Shumaker was heading out the door to his daughters tennis tournament, eight law enforcement officers detained him. The majority of particles around the house are positive, so these ions pull these particles from the air, greatly reducing loose dust and pollen. Exposure to ozone irritates and inflames the lining of the respiratory system.
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