But as few independent authorities assess the effectiveness of the devices, school officials have been snapping them up. 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. But the state does have a one-of-a-kind law: It bans air purifiers that emit anything above a certain level of ozone. New York City begins vaccinating students at schools. Yet surface tests comprise half of the test results the company lists on its pathogen reduction webpage, a GPS spokesperson confirmed. 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. One day, her husband installed an Air Scrubber Plus without her knowing. 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. 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. At this point, it is only allegations. That ion level is far higher than the amount of ions company leaders have said the devices tend to deliver to a typical room. 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. 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. Federal Trade Commission officials have written warning letters to some air cleaner companies during the pandemic. 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. 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. Jeffrey Siegel, a University of Toronto civil engineering professor who studies indoor air quality, said more meaningful national regulation might clarify for consumers how the devices would work in an actual room. 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. To minimize the release of pollutants indoors: Use plenty of ventilation: be sure there is adequate airflow to/from the outdoors. These ions were dropping particles out of the air 100 times faster than relying on gravity alone, Lozano says. The following month, Boeing began its own testing of GPS devices and another kind of ionization technology. The controversy is getting the attention of school officials from coast to coast. And the postcards that got him into trouble? 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. 1001 IStreet, Sacramento, CA 95814 We call them friendly cleaners, says Air Scrubber Plus executive director Tom Lozano. Besides making people feel better, Lozano says the technology also helps extend the life of a homes HVAC system. At the end of 30 minutes, the overall average decrease in active virus was more than 99 percent. 25799 Jefferson Ave When exposed to ultraviolet light, these metals mix with the surrounding air and humidity to produce charged clusters of hydrogen and oxygen such as hydrogen peroxide, hydroxyls, and superoxide ions, which are antimicrobial agents also found in nature. There is scientific evidence that ozone concentrations below the health standards are not effective in removing many odor-causing chemicals. The case is Garner v. Glob. Its just buyer beware., Even before the COVID pandemic, Jones group was ringing the alarm over the increasing public health claims around pesticide devices. CARB strongly advises against the use of ozone generators in spaces occupied by people or animals. AtmosAir spokesperson Sarah Berman said the device studied in 2013 is discontinued and all current products have no affiliation to it. 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. above stoves while cooking), and increasing airflow through the use of mechanical ventilation systems. Its like trying to get license plates for your car.. 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. 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. He noted companies are often turned in by their competitors. Ozone can worsen asthma symptoms, and may contribute to the development of asthma. The benefits reaped by these two featuresthe antimicrobial agents and clumping capabilityhave been proven by peer-reviewed scientific studies, says Lozano. 2022 Fortune Media IP Limited. In comparison, ionizing and dry hydrogen peroxide air purifiers have a less-documented track record in air cleaning, the CDC says. The majority of particles around the house are positive, so these ions pull these particles from the air, greatly reducing loose dust and pollen. 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. Over 300 manufacturers have submitted test results and obtained CARB certification of their air cleaning devices as required under our regulation. 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. Boeing noted in its conclusion that air ionization has not shown significant disinfection effectiveness.. Murrieta, CA 92562 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). 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. This translates to savings on your utility bills and reduces the chances of needing expensive repairs, Lozano says. The companies selling the devices say they can destroy pathogens and clean the air. Inc., D. 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. In a presentation during a Berkeley Unified School District meeting in California, a physicist who appeared with executives said a level of more than 60,000 ions per cubic centimeter has been shown to be not healthy., GPS noted that Boeing deemed the 66.7 percent effectiveness rate in killing the common cold virus "statistically significant." FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. The Air Scrubber Plus is really improving peoples lives.. 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. Districts from Berkeley to Fontana to Culver City bought ionization systems. 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. The companys study is being debated in a proposed class-action suit. GPS pointed to another study, one conducted in the weeks before Boeing began its study in September, by a third-party lab. The CDC also urges consumers to research the technology and request testing data. Those reports, though, can be difficult to parse. Whats more, these friendly cleaners are also mostly negatively charged ions. 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.. Testing in independent labs and feedback from thousands of installations demonstrate that GPS technology works and can play an important role in making comprehensive air cleaning and filtration systems even more effective.. 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 Offers may be subject to change without notice. (For large orders, please feel free to contact us directly about bulk pricing! One card landed on the desk of a postal inspector, who called it false and misleading in a court record. 2022 The Bureau of National Affairs, Inc. 2022 The Bureau of National Affairs, Inc. All Rights Reserved. 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. 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. Ozone generated by air purifiers does little to remove chemical pollutants. The lawsuit spurred a Newark, California, school district to turn off its GPS devices, according to a May 18 memo from Superintendent Mark Triplett to district families. The California Air Resources Board is one of six boards, departments, and offices under the umbrella of the California Environmental Protection Agency. On Super Bowl Sunday, shes hanging out at her daughters for four hours and says, Hey whats going on? he says. 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. A Boeing study found the technology isn't effective enough to use on planes. 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. It should just raise flags for absolutely everyone.. 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. Weeks later, as Shumaker was heading out the door to his daughters tennis tournament, eight law enforcement officers detained him. Learn more about a Bloomberg Law subscription. Boeing researchers found another lab result they could not replicate: While the GPS white paper reported a 96.24 percent reduction in Staphylococcus aureus in 30 minutes, Boeing engineers found no reductions in the bacteria in an hourlong test. Shumaker told KHN he was just a salesperson and the devices were being shipped straight from the manufacturer. 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. The FDA doesnt consider ads saying a device can kill a microorganism a medical claim, spokesperson Shirley Simson said in an email. The company that makes the devices, ActivePure Technologies, said Shumaker was not an authorized or known salesperson of its products. AAPCOs Jones said changes to federal oversight are needed to better deal with the flood of devices. Boeing did not test the technologys effectiveness in the air, only on surfaces. But only air purifiers for a direct medical use or that make a medical claim, like relieving allergies, qualify. Indoor "air purifiers" or air cleaners that intentionally emit ozone are often called ozone generators." 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. 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. The scrubber was first flown on Space Shuttle Columbia mission STS-73 in 1995 and proved successful in preserving a crop of potato seedlings. 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. 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.. How do I know if theres a sticker on there or not? 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. 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. A GPS spokesperson said the result validates needlepoint bipolar ionizations effectiveness against certain pathogens. In its report, Boeing called the test results inconclusive due to lack of experimental confirmation., A GPS spokesperson also highlighted a passage in the Boeing reports conclusion that said: There remains significant interest in air ionization due to lack of byproduct production, minimal risk to human health, minimum risk to airplane materials and systems, and the potential for persistent disinfection of air and surfaces under specific flow conditions., The Boeing study concluded in January. So Shumaker told KHN he was baffled as to why he was targeted instead of the corporate level, which in this case would be the company, Aerus, which is now ActivePure Technologies. Our advice remains: focus on HEPA filtration. 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. 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. 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. 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. a list of potentially hazardous ozone generators sold as "air purifiers", using exhaust fans near pollutant sources (e.g. EPA spokesperson Tim Carroll said in an email that the agency is developing more outreach materials for schools on air purifiers. 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. She was surprised by how well she was feeling.. 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. But EPAs resources were not the same as they were many years ago, Neuschafer said, as the agency is working with smaller staffing and budgets. Instead, manufacturers need to obtain whats known as an establishment number indicating where the device is made, and then they and their sellers must label their products with it. Since then, the New Jersey health department posted guidance warning schools about the air purifiers that may harm health, listing the specific hazards of ozone to childrens health. Other governmental agencies agree with this advice. 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. Those led to only a handful of sales. Technologies that claim to do the same through physical meansincluding air purifiers that inactivate bacteria and virusesare considered pesticide devices. Last summer, the private St. Thomas More School in Kansas City, Missouri, bought ionizing air purifiers to fight COVID. 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. People who buy ozone generators may not be aware that ozone can harm the cells in the lungs and respiratory airways. Ozone is released through the charging process, although these devices typically emit much less ozone than ozone generators. 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. As we have stated previously, this is an unproven technology for dealing with COVID-19. That study looked at the effect of the ionizers on the virus that causes Covid-19 when used on aluminum, a type of plastic called Kydex and leather. Terms & Conditions. It completed a study of two devices powered by GPS technology that another aviation company now markets to clean the air and surfaces in planes. GPS is incorporated in Delaware and headquartered in Charlotte, N.C., according to the complaint. And a majority of EcoQuest International assets were bought in 2009 by ActivePure Technologies, according to its 2021 press kit. Certification is based on a device's low (usually near-zero) ozone emissions and electrical safety. Back in Georgia, Shumaker was fined more than $9,000 and is on two years probation. 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. ), ClassAction.org: Falsely Advertised? Unlike the situation in air, ozone can be used successfully to purify water in some applications. He sent cards in the mail advertising air purifiers using ActivePure technology to new homeowners: KILL COVID-19, CORONAVIRUS IN YOUR HOME!!. Stephen Matthew Shumaker counted on in-home, in-person demonstrations to drive his water filtration business, which serves the Atlanta area. Ozone also does not remove particles (e.g. The most effective method of controlling indoor air pollution is through prevention: eliminating pollution at its source. It allegedly sells seven air purifier models with its patented needlepoint bipolar ionization technology. Birds are especially sensitive to the effects of air pollutants, including ozone. Instead, the air purifiers fall under the Environmental Protection Agencys authority as devices marketed to destroy pests, which include bacteria or viruses. Also known as an ethylene scrubber, the device works by drawing in air through tubes coated with titanium dioxide. 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. The Food and Drug Administration regulates medical devices. And it all started with the agencys need for keeping plants fresh in space. 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 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, 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..
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