FOR RELEASE: MAY 12, 1992
PHOTOTRON GREENHOUSE WON'T REMOVE INDOOR AIR CONTAMINANTS
AS MARKETER CLAIMED, FEDERAL TRADE COMMISSION ALLEGES
Company agrees to settle FTC charges
The San Diego-based marketer of the "Phototron" indoor
greenhouse has agreed to settle Federal Trade Commission charges
that its claim that the product would remove all indoor air con-
taminants was false and unsubstantiated. According to some of
the company's advertisements, more than 100,000 consumers have
purchased the greenhouse for about $400 each. The proposed
settlement, agreed to both by Pyraponic Industries II, Inc. and
its owner, Jeffery Julian DeMarco, would prohibit future false or
unsubstantiated representations that the Phototron or a product
of this type removes or reduces indoor air contaminants.
According to the FTC complaint, announced at the same time
as the proposed consent agreement, Pyraponic has run ads in
numerous nationally-distributed magazines for the Phototron,
sometimes calling it a "natural home air purifier." The ads
contained statements such as:
-- "Removes: radon, formaldehyde, pet odors, kitchen &
bathroom smells, cigarette smoke," and
-- "At the same time, your system will replenish oxygen 33
times, along with the fresh scent of the plants of your
choice. In addition, the Phototron III will remove other
various toxic gases ranging from carbon monoxide to sulfur
to hydrocarbons."
In addition, according to the complaint, a program-length
television commercial (or "infomercial") for the Phototron
included the statement: "You only need one Phototron to filter
and clean 1,000 cubic feet of air in your home for $399.95, or 10
6-foot fichus trees at $199.95 each, equaling nearly $2,000."
- more -
Pyraponic--05/12/92)
The FTC has alleged that, through these and other state-
ments, Pyraponic and DeMarco have falsely represented that the
Phototron removes all indoor air contaminants, and made unsub-
stantiated claims that, among other things, the greenhouse is
superior to conventional air purification products and is
effective in removing or reducing the concentration of indoor air
contaminants in a 1,000 cubic foot area.
The proposed consent agreement to settle these charges,
announced today for public comment, would prohibit Pyraponic and
DeMarco from representing in the future that the Phototron or any
similar product removes all indoor air contaminants. Further, it
would require them to have competent and reliable scientific evi-
dence to support any claims that such a product removes or reduc-
es the concentration of one or more indoor air contaminants; is a
viable substitute, or is superior to, any other air cleaning
product; or is effective within any stated area. Finally, the
agreement would prohibit the respondents from making unsubstan-
tiated claims about any performance characteristics for any air
cleaning device.
The proposed consent agreement will be published in the
Federal Register shortly and will be subject to public comment
for 60 days, after which the Commission will decide whether to
make it final. Comments should be addressed to the FTC, Office
of the Secretary, 6th Street and Pennsylvania Avenue, N.W.,
Washington, D.C. 20580.
NOTE: A consent agreement is for settlement purposes only and
does not constitute an admission of a law violation. When the
Commission issues a consent order on a final basis, it carries
the force of law with respect to future actions. Each violation
of such an order may result in a civil penalty of $10,000.
Copies of the complaint, consent agreement, and an analysis
of them to assist the public in commenting are available from the
FTC's Public Reference Branch, Room 130, at the above address;
202-326-2222; TTY 1-866-653-4261.
# # #
MEDIA CONTACT: Bonnie Jansen, Office of Public Affairs
202-326-2161
STAFF CONTACT: Jeffrey A. Klurfeld, San Francisco Regional
Office, 901 Market Street, Suite 570
San Francisco, California 94103
415-744-7920
(FTC Matter No. 912 3035)
(pyrapon)