Breathometer, a startup company that produces devices that could detect a user’s blood-alcohol content, has agreed to offer refunds for its devices sold between 2013 and 2015 as part of a settlement with the Federal Trade Commission (FTC).

The agreement comes after an FTC inquiry found Breathometer’s devices often provided inaccurate information regarding a user’s blood-alcohol content despite the company’s claims its devices offered “law-enforcement grade” breathalyzers.

According to the FTC’s findings, Breathometer’s devices would regularly understate BAC levels—a fact the company was fully aware of. Despite this, Breathometer opted to not inform its users of the issue and continued marketing and selling its devices.

“People relied on the defendant’s products to decide whether it was safe to get behind the wheel,” Jessica Rich, the director of the FTC’s Bureau of Consumer Protection, said in a statement. “Overstating the accuracy of the devices was deceptive — and dangerous.”

In retrospect, given the FTC’s findings, Breathometer’s promises seem too good to be true. The company claimed its tiny devices were packed with sensors and could quickly produce an accurate readout in just five seconds.

It was an intriguing enough premise to score the company an appearance on Shark Tank, the popular reality show where businesses can pitch themselves to wealthy investors in hopes of landing funding. Breathometer was successful in that endeavor, netting $1 million total from all five “sharks” including $500,000 from Mark Cuban.

Breathometer announced a partnership with Uber in 2015 that would direct any user who registered a blood-alcohol content level about the legal limit to order a ride home from the ride hailing service.

The prominence of Breathometer’s product, with a national television appearance and partnership with Uber, resulted in more than $5 million worth of devices sold between 2013 and 2015, according to the FTC inquiry. The company will now be refunding those purchases.

The refund program will cover two devices: the original Breathometer, which plugged into a user’s phone via the headphone jack, and Breeze—the wireless, Bluetooth-enabled follow-up device.

Despite the trouble the company is dealing with over its previous devices, it has pushed forward, introducing new products like Mint—a device that purports to monitor a user’s oral health through breath analysis. Its breathalyzer products are no longer listed on the company’s website.

RELATED STORIES
FTC