FTC to UV ‘disinfectant’ device consumers: The check is in the mail

The Federal Trade Commission (FTC) will mail out refund checks to consumers who purchased Nano-UV™ “disinfectant” devices from Zadro Health Solutions, Inc., (Zadro). The partial refund checks, which total almost $210,000, are the result of a settlement with Zadro announced in August of 2015. Pursuant to the settlement, the company agreed to stop making false and unsubstantiated claims about the device’s UV lights and its ability to kill certain bacteria including E. coli, Salmonella, and the swine flu virus.

The device

Previously, Zadro claimed, in advertisements on their website as well as on other national retailer websites and catalogues, that the device would “safely kill 99.99 [percent] of targeted bacteria—E. coli, Salmonella, and the H1N1 (swine flu)—in 10 seconds.” The company also alleged in those advertisements that the device’s “specifically designed Disinfecting Wands have been proven to eliminate 99.99 [percent] of targeted germs and viruses in as little as 10 seconds.” The packaging of the device, which retailed from between $59.99 to $159.99, also claimed that it was proven effective at killing germs on surfaces in places such as food preparation areas, nurseries, in footwear, shower floors, public restrooms, and clinics.

FTC settlement

In August 2015, the FTC filed separate suits against Zadro’s subsidiary, Angel Sales, Inc., which marketed the Nano-UV device as well as another Zadro device, alleging false and unsubstantiated advertising. Subsequently, Zadro agreed to enter into a settlement agreement with the agency. Pursuant to that settlement, Zadro was prohibited from making false or unsubstantiated claims for any device regarding its disinfectant efficacy and from making any claims about health benefits, performance, of efficacy of any product unless it is truthful and not misleading. Judgments of $656,423 and $629,359 were imposed on Zadro individually and as the parent company of Angel Sales (see UV ‘disinfectant’ device marketers see the light, stop false advertising, Health Law Daily, August 21, 2015).

Fine print

The FTC warned consumers that would be receiving refund checks that “these are legitimate refund checks that must be cashed within 60 days of the date they are issued, or they will become void.” The checks will be mailed from Rust Consulting, Inc., the redress administrator for the matter, and will average $96.50. The refunds were mailed to consumers that were identified in company records. While the FTC cannot guarantee additional refunds, it advised that the device consumers may still file complaints with the FTC and recommended that questions be directed to its hotline on this issue (1-866-683-8516).