Honeywell Inc

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IN THE MATTER OF HONEYWELL INe.

CONSENT ORDER, ETC. , IN REGARD TO ALLEGED VIOLA Tlon OF SECS. 5 AND 12 OF THE FEDERAL TRADE COMMISSION ACT Docket 3823. Complaint, Aug. 1998-Decision, Aug. , 1998 This consent order, among other things, prohibits the Minnesota-based manufacturer of air purifiers from making certain claims regarding the benefits perfonnance, or efficacy of its air purifiers, filters, or any other air cleaning product which is nonnally used for personal, family, or household purposes, unless at the time of making the claims it possesses and relies upon competent and reliable scientific evidence.

Participants For the Commission: Linda Badger, Kerry O'Brien, Jeffrey Klurfeld and Carolyn Cox.

For the respondent: Pamela Deese, Robins, Kaplan, Miler & Ciresi Washington, D.

COMPLAINT The Federal Trade Commission, having reason to believe that Honeywell Inc. , a corporation ("respondent"), has violated the provisions of the Federal Trade Commission Act, and it appearing to the Commission that this proceeding is in the public interest, alleges: 1. Respondent Honeywell Inc. is a Delaware corporation with its principal offce or place of business at Honeywell Plaza, Minneapolis MN.

2. Respondent has manufactured, advertised, labeled, offered for sale, sold, and distributed air treatment products to the public including "Honeywell Air Purifiers " and the " enviracairel) True HEP A fiter" used in its air purifiers. These "HEP A" (high-effciency particulate air) fiters have a particle removal effciency rating of 99.97 percent for particles of 0.3 micron diameter. Honeywell Air Purifiers and enviracairel) True HEPA fiters are "devices " within the meaning of Sections 12 and 15 of the Federal Trade Commission Act.

HONEYWELL INC. 203 202 Complaint 3. The acts and practices ofrespondent alleged in this complaint have been in or affecting commerce, as "commerce" is defined in Section 4 of the Federal Trade Commission Act. 4. Respondent has disseminated or has caused to be disseminated advertisements for Honeywell Air Purifiers, including but not necessarily limited to the attached Exhibits A through I. These advertisements contain the following statements and depictions: A. "There are some places a wash cloth just can t clean. Even squeaky clean on the outside, your kids are still exposed to mold spores, dust mite allergens - even bacteria and viruses. They re in the air inside your home. But you can help protect your children with a Honeywell Air Purifier. Our exclusive enviracaireCI True HEPA filter can remove 99. 97% of these impurities .... And while you re keeping their ears clean, we ll help do the same for their lungs. (Exhibit A).

B. "Don t your children s lungs deserve as much care? Think of all you do to keep their clothes clean. Now consider this. :No matter how good a housekeeper you are, your children are exposed to mold spores, dust mite allergens - even bacteria and viruses, They re in the air inside your home. But you can help protect your children with a Honeywell Air Purifier. Our exclusive enviracaireCI True HEPA fiter can remove 99.97% of these impurities .... And while you rc washing their clothes, we ll be washing their air." (Exhibit B). C. There are some places a washcloth just can t reach. Like her lungs. The filter in a Honeywell Air Purifier removes nearly all impurities from the air, (A super "99.97%" appears on the screen and dissipates like dust) Honeywell. A home s not clean without it." (Super: "Honeywell. A Home s Not Clean Without It.") (Exhibit C). D. "While you re busy cleaning everything in sight, we could be taking care of what you can see. The filter in a Honeywell Air Purifier removes nearly all impurities from the air.

(A super "99.97%" appears on the screen and dissipates like dust) Honeywell. A home s not clean without it." (Super: "Honeywell. A Home s Not Clean Without It.") (Exhibit D). E. "You do the laundry, we ll clean the really tough spot. The filter in a Honeywell Air Purifier removes nearly all impurities from the air. (A super "99.97%" appears on the screen and dissipates like dust) Honeywell. A home s not clean without it." (Super: "Honeywell. A Home s Not Clean Without It. ) (Exhibit E). F. Hard as you try, there s some dirt youjust can t shake. To remove nearly all impurities from the air (A supcr "99.97%" appears on the screen and dissipates like dust) you need the fiter in a Honeywell Air Purifier. Honeywell. A home s not clean without it. (Super: "Honeywell. A Home s Not Clean Without It. ) (Exhibit F). Complaint 126 F.TC. G. "Ideal for allergy and asthma sufferers. Exclusive Patented 360 degree Airflow. Efficiently scrubs the room free of air pollutants. " (Exhibit G). H. How to Select the Right Size enviracaire(j Portable Air Cleaner 6 to 7 ACH: Changing the air in a room six to seven times per hour wil yield a 70 percent reduction in contaminant levels, resulting in noticeable relief from many allergy symptoms and seasonal respiratory problems. Expect excellent air quality improvement.

Plus ACH: Changing the air in a room eight or more times per hour yields a dramatic 85 percent reduction in contaminant levels, resulting in noticeable symptom relief from severe allergies. asthma and other chronic respiratory problems. Expect superior air quality improvement. How can you tell that it's working? Allergy sufferers should notice a decrease in symptoms such as coughing, sneezing and wheezing, and should be able to sleep better. " (Exhibit H). I. "Honeywell air cleaners provide proven relief of allergy symptoms. (Exhibit I).

5. Through the means described in paragraph four, respondent has represented, expressly or by implication, that: A. The filter in a Honeywell Air Purifier removes 99.97% of mold spores, dust mite allergens, bacteria and viruses from the air that people breathe under household living conditions. B. The filter in a Honeywell Air Purifier removes nearly all or 99.97% of impurities from the air that people breathe under household living conditions.

e. Consumers who use a Honeywell Air Purifier that changes the air in a room six or more times per hour wil experience noticeable symptom relief from allergies and other respiratory problems. D. Honeywell Air Purifiers provide proven relief from allergy symptoms.

6. Through the means described in paragraph four, respondent has represented, expressly or by implication, that it possessed and relied upon a reasonable basis that substantiated the representations set forth in paragraph five, at the time the representations were made. 7. In truth and in fact, respondent did not possess and rely upon a reasonable basis that substantiated the representations set forth in paragraph five, at the time the representations were made. The 99.97% figure refers to the filter s expected efficiency in removing HONEYWELL INC. 205 202 Complaint particles that actually pass through the filter. While the filter effciency is a factor in assessing the effectiveness of an air purifier in particulate removal, this figure overstates the actual effectiveness of the air purifier in removing pollutants ITom the air in a user environment. The actual effectiveness of an air purifier depends on a variety of factors including, the amount of air that the air purifier processes, the nature of the pollutant, and the rate at which the pollutant is being introduced into the environment. Additionally, there is no guarantee that an individual who suffers ITom allergies or other respiratory problems will derive a discernible reduction in symptoms through the use ofthese or other air purifiers. Whether individuals wil derive such relief depends on many variables, including the source and severity oftheir allergies, whether the allergens at issue tend to remain airborne, the rate at which the allergens are emitted into their homes or offces, and other environmental factors.

Therefore, the representation set forth in paragraph six was, and , false or misleading.

8. The acts and practices of respondent as alleged in this complaint constitute unfair or deceptive acts or practices, and the making offa1se advertisements, in or affecting commerce in violation of Sections 5(a) and 12 of the Federal Trade Commission Act. , ,... . ,,,:

Complaint 126 F. EXHIBIT A There are some places a wash cloth just can't clean EYln squedk dl'dI on the outside, your kjds are Inn exposed to mold spores, dust mite Jllergens e"enbdctenddIdvises, They elnthedi,:nslce'''oL:rhomeB'jt\' didn hep protect your children with d HoneywellAjr Purifier OurexciusiVP er"iracdlre '''Je rle PA filter Cdn remove 9997% of these Impunt: - something ""CUller c:edners and fur!', dce filters Cdi' t do So cdl 800- 332- ::10 for more Honeywell" InrOrIat:onand d store nedfvou. And \.ile you re -(e('Plng t."relt ems (edr' . we ne p co.: e lame ror t elf Lungs. 1"'",.....'1 EXHIBIT A ;,: , ,. ,y,. ,,,, HONEYWELL INC. 207 202 Complaint EXHIBIT B IDon't your children s lungs serve as much care? Tr.'nK ,of di\' ,GU Ju 10 their clothe, d dn ."owner.,,,I,., lh' "0 matter how Dod J housekt"eper UJLJ , yourcrulcren die exposed to mold spores.u,t ml:e rlilergens - even bdC!e" clnc 'lr scs The, re In rne ruide vour home. But vou Cd!' h lp prot C! ICour chlidr n ,,' (r. d "'Y llAir?Urifier,ureXdu.," "en'irrlCdlre' rC' H'\ 99.97% of these Impum1~s - sort.cth,,,S VdCUUf' MK fuace filters (" ,- t do. Call 1-800- 1 i 10 lor more . .. n d d sto'", "ear \ oc: And ..l you Wdshll;g the:rclothes Honeywell" wet:s.w ,h':lgthe,rd". Pa,",oo--""'f EXHIBIT 8 Complain! J26F.TC. EXHIBIT C Television Advertisement: "Bath"

There are some places a washcloth just can t reach. Like her lungs. The fiter in a Honeywell air Purifier removes nearly all impurities from the air.

(SUPER: 99.97%) Honeywell. A home s not clean without it.

(SUPER: Honeywell. A Home s Not Clean Without It.) EXHIBIT D Television Advertisement: "Vacuum While you re busy cleaning everything in sight, we could be taking care of what you can t see. The filter in a Honeywell Air Purifier removes nearly all impurities from the air. (SUPER: 99.97%) Honeywell. A home s not clean without it.

(SUPER: Honeywell. A Home s Not Clean Without It.) HONEYWELL INC. 209 202 Complaint EXHIBIT E Television Advertisement: "Washin!! Machine You do the laundry, we ll clean the really tough spot. The filter in a Honeywell Air Purifier removes nearly all impurities from the air. (SUPER: 99.97%) Honeywell. A home s not clean without it.

(SUPER: Honeywell. A Home s Not Clean Without It.) EXHIBIT F Television Advertisement: "Shakin!! Ru!! Hard as you try, there s some dirt you just can t shake. To remove nearly all impurities from the air (SUPER: 99.97%) you need the fiter in a Honeywell Air Purifier. Honeywell. A home not clean without it.

(SUPER: Honeywell. A Home s Not Clean Without It.) I i DEVice l. cleaners K8723591 "0- G air I\IEOICAI. II 8XHIBTT CLASSIRegistra.iQn envlracalre"Portable H001139 CONFIDENTIAL , It!"l .

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. it- . l physician llJJ 1"C- -=c-, ./, t1 II' by of 360 scrubs free reommended Exclusive Airflow rompollutants. Patented Efficiently most theair suferers. asthma and Cleaner allergy Air for The Ideal rw-".Wl8h_--o._'II' ! , , ;; , :: ; ,. .,::; .. . , ;:.:; HONEYWELL INC. 211 202 Complaint EXHIBIT H il i! ! Q C " 0 Q,' , 0' J ' I1!h ; H hi 2 "

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HONEYWELL INC. 213 202 Complaint EXHIBIT I - A!Je Rd IDjl' Ho.. CI em Help I' Honl se tol Proof "1SU IIjCc ';151-'.1 Ho"" AU,.. Rdi"

Honeywell Air Cleaners I) - What ,. ... AII ,.;es? Honeywell ai cleaers provide: proven n:lief of aller syptoms. We offer a complcte jine of ai ctc:anm. designed to mee your nee an budgct H,"..r:::P" Tal to your loc Perfect Clima dealer 10 fid QUI how Honeywell ai HnwAirC:lean8rican cleaners can hcp you breathe: easier. Honeywell Ajr ,. 4 BA FOMIUDII Cleaners: Product Picture, CUIrmIAlI IJ.I!8I!r1 Hnwtnr:hon!;thf9 Rian! Air r:reaner Copy !.!"OI9'7. Hoy".III"". Mlrigl".re PlcMC",ndoomm""' ",bm..""",o""",,,..iloa EXBIT I lofl 09129/9711044S 214 FEDERAL TRAE COMMISSION DECISIONS Decision and Order 126 FTC. DECISION AND ORDER The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondent named in the caption hereof, and the respondent having been furnished thereafter with a copy of a draft of complaint which the San Francisco Regional Offce proposed to present to the Commission for its consideration and which, if issued by the Commission, would charge respondent with violation of the Federal Trade Commission Act; and The respondent and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by the respondent of all the jurisdictional facts set forth in the aforesaid draft of complaint, a statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by respondent that the law has been violated as alleged in such complaint, or that the facts as alleged in such complaint, other than jurisdictional facts, are true and waivers and other provisions as required by the Commission s Rules; and The Commission having thereafter considered the matter and having determined that it had reason to believe that the respondent has violated the said Act, and that a complaint should issue stating its charges in that respect, and having thereupon accepted the executed consent agreement and placed such agreement on the public record for a period of sixty (60) days, now in further conformity with the procedure prescribed in Section 2.34 of its Rules, the Commission hereby issues its complaint, makes the following jurisdictional findings and enters the following order:

1. Respondent Honeywell Inc. , is a corporation organized existing, and doing business under and by virtue of the laws of the State of Delaware, with its offce and principal place of business located at Honeywell Plaza, in the City of Minneapolis, State of Minnesota.

2. The Federal Trade Commission has jurisdiction ofthe subject matter of this proceeding and of the respondent, and the proceeding is in the public interest.

HONEYWELL INC. 215 202 Decision and Order ORDER DEFINITONS For purposes of this order, the following definitions shall apply: 1. " Competent and reliable scientific evidence shall mean tests analyses, research, studies, or other evidence based on the expertise of professionals in the relevant area, that has been conducted and evaluated in an objective manner by persons qualified to do so, using procedures generally accepted in the profession to yield accurate and reliable results.

2. "Air cleaning product shall mean any product, equipment or appliance designed or advertised to remove, treat, or reduce the level of any contaminant(s) in the air.

3. "Indoor air contaminant(s)" or contaminant(s)" shall mean one or more of the following: mold spores, dust mite allergens bacteria, viruses, or any other gaseous or particulate matter found in indoor air.

4. Unless otherwise specified respondent shall mean Honeywell Inc., a corporation, its successors and assigns, and its officers, agents, representatives and employees. 5. " Commerce shall mean as defined in Section 4 of the Federal Trade Commission Act, 15 U. e. 44.

It is ordered That respondent, directly or through any corporation, subsidiary, division, or other device, in connection with the manufacturing, labeling, advertising, promotion, offering for sale sale, or distribution of Honeywell Air Purifiers, enviracairel) True HEP A fiters, or any other air cleaning product which is normally used for personal, family, or household purposes in or affecting commerce, shall not make any representation, in any manner expressly or by implication:

A. About such product' s ability to eliminate, remove, dear, or clean any quantity of indoor air contaminants under household living conditions B. That such product will perform under any set of conditions including household living conditions Decision and Order 126F.TC. unless at the time of making the representation(s) respondent possesses and relies upon competent and reliable scientific evidence that substantiates such representation(s) either by being related to those conditions or by having been extrapolated to those conditions by generally accepted procedures.

II.

It is further ordered That respondent, directly or through any corporation, subsidiary, division, or other device, in connection with the manufacturing, labeling, advertising, promotion, offering for sale sale, or distribution of any air cleaning product which is normally used for personal, family, or household purposes in or affecting commerce, shall not make any representation, in any manner expressly or by implication, about the performance, health or other benefits, or effcacy of such product, unless, at the time the representation is made, respondent possesses and relies upon competent and reliable evidence, which when appropriate must be competent and reliable scientific evidence, that substantiates the representation.

It is further ordered That respondent Honeywell Inc. and its successors and assigns shall, for five (5) years after the last date of dissemination of any representation covered by this order, maintain and upon request make available to the Federal Trade Commission for inspection and copying:

A. All advertisements and promotional materials containing the representation;

B. All materials that were relied upon in disseminating the representation; and e. All tests, reports, studies, surveys, demonstrations, or other evidence in its possession or control that contradict, qualify, or call into question the representation, or the basis relied upon for the representation, including complaints and other communications with consumers or with governmental or consumer protection organizations.

HONEYWELL INC. 217 202 Decision and Order IV.

It is further ordered That respondent Honeywell Inc. and its successors and assigns shall deliver a copy of this order to all current and future principals, offcers, directors, and managers, and to all current and future employees, agents, and representatives having responsibilities with respect to the subject matter of this order, and shall secure from each such person a signed and dated statement acknowledging receipt of the order. Respondent shall deliver this order to current personnel within forty-five (45) days after the date of service of this order, and to future personnel within forty-five (45) days after the person assumes such position or responsibilities. It is further ordered That respondent Honeywell Inc. and its successors and assigns shall notify the Commission at leastthirty (30) days prior to any change in the corporation(s) that may affect compliance obligations arising under this order, including but not limited to a dissolution, assignment, sale, merger, or other action that would result in the emergence of a successor corporation; the creation or dissolution of a subsidiary, parent, or affliate that engages in any acts or practices subject to this order; the proposed filing of a bankptcy petition; or a change in the corporate name or address. Provided, however, that, with respect to any proposed change in the corporation about which respondent learns less than thirty (30) days prior to the date such action is to take place, respondent shall notify the Commission as soon as is practicable after obtaining such knowledge. All notices required by this Part shall be sent by certified mail to the Associate Director, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, Washington, D. VI.

It is further ordered That respondent Honeywell Inc. and its successors and assigns shall, within sixty (60) days after the date of service of this order, and at such other times as the Federal Trade inCommission may require, fie with the Commission a report, writing, setting forth in detail the manner and form in which it has complied with this order.

Decision and Order 126 FT. VII.

This order will terminate on August 17 2018, or twenty (20) years from the most recent date that the United States or the Federal Trade Commission files a complaint (with or without an accompanying consent decree) in federal court alleging any violation ofthe order, whichever comes later; provided, however, that the filing of such a complaint will not affect the duration of: A. Any Part in this order that terminates in less than twenty (20) years;

B. This order s application to any respondent that is not named as a defendant in such complaint; and C. This order if such complaint is filed after the order has terminated pursuant to this Part.

Provided, further, that if such complaint is dismissed or a federal court rules that the respondent did not violate any provision of the order, and the dismissal or ruling is either not appealed or upheld on appeal, then the order will terminate according to this Part as though the complaint had never been filed, except that the order will not terminate between the date such complaint is fied and the later of the deadline for appealing such dismissal or ruling and the date such dismissal or ruling is upheld on appeal.

D. PHYSICIANS OF SOUTHWEST LOUISIANA, INC. 219 219 Complaint