gas-maskThere have been reports of false advertising claims about air filtration machines.  The machines promoted by nationwide chain stores that promise cleaner air, easier breathing, and better sleep.  Well, thankfully for consumers, experts discovered and prevailed in their fight to get certain air filters pulled off the market due to false claims.  While they were analyzing a specific air filtration machine, they discovered that the air-purifying machine was actually emitting unhealthy levels of ozone, a lung irritant that can trigger asthma and allergies.

This same metric also applies to vacuums.  A product also claims that it cleans the air and minimizes particles in the air that might make us sick with the flu or allergies.  When dealing with false claims, bring in an expert witness for testimony because you’ll want to include Federal Trade Commission materials that could help your case.  The FTC has issued determinations against more than one vacuum manufacturer stating that the advertising was false, deceptive, and otherwise lacking scientific evidence to support the air filtration claims.

There have even been cases of air filtration machines and systems making false claims of approvals by agencies, such as the California Air Resource Board.  These cases are perfect examples of why we should always begin our work with our expert witness, taking nothing for granted.

Shifting from small machines into big machines – such as trucks, specifically – an air filtration expert can tell you whether the long trail of black smoke could be filled with particulate matter.  Trucks not equipped with proper emission controls known as “diesel particulate filters” can trail smoke associated with health problems, including respiratory and cardiovascular disease, chronic bronchitis, decreased lung function, and increased risk of lung cancer.

Proper air filtration systems in machines and vehicles impact not only the air, but they also affect fuel savings and horsepower capabilities.  What’s more, the problem may not be false advertising; it could be an engineering or design defect.  In one recent truck recall, the risk contained a part within the air filtration system that had not been waterproofed which leads to deterioration increases the risk of a crash.

Finally, we need to consider the full range of injuries that can be suffered by consumers in their quest for fresh air.  The US Consumer Product Safety Commission recently deployed its own air filtration expert witness to investigate reports of an ion generator overheating and catching fire. There’s a fact pattern that will keep your jury riveted.

By:  Paloma Capanna, J.D.