Update in Sharper Image air-purifier class action

Last fall, a federal judge rejected the latest version of a proposed settlement to a class-action lawsuit filed on behalf of millions of consumers who purchased The Sharper Image's Ionic Breeze air purifier after April 1999. Under the proposed settlement in Figueroa v. Sharper Image Corp., the company had agreed to provide plaintiffs store credit worth $19 for each air purifier they had bought—the machines cost up to several hundred dollars apiece—and to make available at the highly reduced price of $7 an “OzoneGuard” attachment to reduce ozone emissions in each purifier purchased.

Judge Cecilia M. Altonaga, a trial judge in the Federal District Court in Miami, ruled that the parties involved in the class action had not established that the settlement terms were “fair, adequate, or reasonable,” and that arguments referring to The Sharper Image’s “precarious” financial position did not make them so. (The Sharper Image reported a drop in sales for October. Meanwhile, there’s been a significant decline in of the value of the company stock.) The attorneys general from 34 states and the District of Columbia also opposed the settlement.

In her ruling, Judge Altonaga also cited the Senate Judiciary Committee, which before passing the Class Action Fairness Act in 2005 decried settlements in which plaintiffs receive promotional coupons or other nominal damages while the lawyers representing the members of the class action get substantial fees. In Figueroa v. Sharper Image Corp., attorneys’ fees for the plaintiffs totaled $2 million.

Among objections to the settlement was one from a class member who had spent more than $500 on two Ionic Breeze purifiers but would have received only coupons worth $38. “The settlement is plagued by a cumbersome claims process that will make it extremely difficult for class members to even obtain the inadequate relief provided by this settlement,” read the 61-page denial of the settlement. (See Judge Altonaga’s decision here.)

In their suit against Sharper Image, plaintiffs had referred to past Consumer Reports tests of the Ionic Breeze that found, as we said in 2002, “almost no measurable reduction in airborne particles” and judged the model poor at removing dust and smoke from the air. (Consumer Reports’ policy does not permit the magazine to involve itself in litigation between other parties.)

Before the proposed settlement, many of the suits against The Sharper Image had been combined into a single nationwide complaint. Plaintiffs in one of the initial suits against the company had also claimed that the company "falsely advertised that the Ionic Breeze air purifier cleans and purifies the air," and that the Ionic Breeze is harmful because it emits ozone in excess of 50 parts per billion.

Following Judge Altonaga’s decision, The Sharper Image issued a statement expressing that it was “clearly disappointed” in the ruling.—Ed Perratore

Essential information: If you suffer from asthma or allergies or have other concerns about the air quality in your home, you might own or be considering buying a room or whole-house air purifier. As we reported in the December 2007 article “Filtering the claims,” there’s little definitive medical evidence that air purifiers help relieve respiratory symptoms, and some models might pose a threat even to healthy users.

Try these basic air-cleaning steps before you buy an air purifier. If you decide to purchase one, be sure to read our December 2007 report. You'll find buying advice and Ratings of room air cleaners. (Ratings of room and whole-house models are available to subscribers.) To see how those appliances clean the air in your home, read “Purifier types,” plus our updated recommendations on electrostatic precipitators and our warnings about two ozone generators.                            

Comments

[Terry]

Looks like the greedy lawyers will now get nothing.

Today it was reported - Troubled retailers Sharper Image and Lillian Vernon have filed for bankruptcy, pointing to the effects of a weak holiday season and a struggling economy......A rejected settlement offer related to a class-action lawsuit involving its air purifiers led to a drop in the company's stock price, loss in market confidence and eventually contracted credit terms from vendors and suppliers.

[Brian Kuhn]

This is a horrible article. If this story is so important to be worth publishing because of the potential harmful effects of using the product why not provide one ounce of information on what those effects might be, where to find out more information, who to contact for health and/or legal advice, how ozone affects the body, etc. Is the potential damage permanent? What's the potential next step in the lawsuit? How do I tell if I have damage? Help consumers that's what you're there for. I don't need you to devote a paragraph explaining to me that the proposed settlement of $19 would in fact pay $38 to the guy who bought two. No kidding. And the stock has not performed well since they got sued. Again, no kidding.

[Kim]

I purchased two Ionic Breeze purifiers in Feb 2004. Four years later, after the deterioration of my whole family's health, my docotrs and I have come to realize that these two air purifiers are the root of all of our ailments. Everything from numbness to respiratory problems. The things that were supposed to help keep us healthier, made us sick. Shame on the Sharper Image.

[steve]

i bought 2 machines, to help my wife with her sneezing, and coughing, and she is getting worse. who do i contact?

[Ash]

I also bought two of these things for allergies etc... And I too have gotten worse, on top of that I'm still paying bill me later for them.

[l a dress]

I purchased two ionic breeze with gp protection well over $500 for myself and my mother. She developed asthma after I installed it in her home. I called Sharper Image, and they assured me the machine was safe.
My machine is in the guest room and I noticed every time I would spend time in there my throat would hurt. I called Sharper Image back and they sent me two ozone guards. Duh??? If they were so safe, why did I need to be guarded from anything? This was a company I trusted.

I just put my Mom in a temporary assisted living situation, and her asthma has just about gone away after 4 years of suffering.

IF I COULD KILL A COMPANY, THERE WOULD BE NOTHING HOLDING ME BACK.
How dare they play with peoples health and their money????????

Does anyone have any information on the class action suit...........

[Kathleen Lopez]

Does anyone know what is going now with the Lawsuit?

What is the name of the law office handling this lawsuit?

[Robert Hron]

I purchased 2 Of these Ionic Quandra Breeze for $ 500 dollars and
they are not doing the job that they were said to do . My wife has complaned abought the ozone and has had sinus problems since we bought
these.One of them has quit working complety.which is probly a blessing.
People who sell products like this should be put in Jail!!!!!

[NANCY]

I HAVE 5 IONIC BREEZE & WELL OVER $1400 INVESTED IN THEM. THIS IS THE FIRST THAT I HAVE HEARD OF THE PROBLEM. DO I HAVE ANY RECOURSE OR IS IT TOO LATE?

[Vance Decker]

What is wrong with you people?

1. Whatever the concerns, The Ionic Breeze did not cause your asthma, calm down, then get help, you are clearly insane.

2. Now that Sharper Image is bankrupt, and nobody can accuse me of being a corporate shill, I would like to say that I have two Ionic Breezes. I am aware of their limitations, with that aside, I couldn't be happier with them. I love coming home to that fresh ozone scent, I don't care if it's pollution, my place smells fresh and clean, and I even get comments to that effect when friends visit.

3. I am VERY skeptical of consumer reports reviews, they frequently use shoddy methodology and a "one size fits all" rating scheme which may or may not even make sense for a particular product.

For example, I remember one review of a bagless vacuum cleaner saying that it released more dust into the air then it took in. Law of conservation aside, I read further only to discover that the reason it released dust was due to having to empty the bin, well duh!...that's why you wrap it in a shopping bag first and then go outside, this should an obvious step which is the consumers responsibility. That's just one example, but so many reviews contain these types of either irrelevant or misleading data...

[Tammy]

I agree with everyone above. I bought two of these to help my asthma and now my son has asthma and didn't before I had them. I guess we just toss them since Sharper Image took the easy way out.

[none of your bis]

i had bought one for my basement where i sleep in. the gp one, and when it worked it was fine.over the 5 years i had to replace it twice,and they gave me a new one each time. i have asthma and every day i would wake up and have to take my inhaler,untill i got the ionic breeze. the air is fresh and i do not have to take my inhaler no where near as often as i did before. now they are pices of crap and break alot, but they do their job. just seeing the amount of dust and dirt that comes off of that is enough to tell me that it does do something..... worth the 500 bucks, prob. not, but as far as getting sick people come on.....its not the air cleaner thats makeing you sick, think outside the box.

[Martha]

I bought 2 Ionic Breezes in 2001 and while they have not solved all the problems of the industrialized world, I found them to operate within acceptable parameters. We used them primarily on a smoking porch to allow my mother's sitters to stay in earshot of Mom but to be able to satisfy their need for a smoking break out of range of my Mom and our nose and lungs. One of them broke after about 5 years and the second one just broke last week. I miss it.

[Adele Miecuna]

I have four sharper image air purifiers. What should I do?

[pd]

I own two of the ionic breeze GP and 2 ionic bath pet brush. On- line trying to figure out why my cat hates the brush, the fact neither brush has never really worked, how to fix etc.... Just found out about the GP's problems and yes, I will admit I awake with raw throat and other allergy related problems, but thought maybe, it was just my health not getting any better, not that the GP's were not doing it's job. So who to contact now, to this regard- the units were purchased 2004-2005 -was not notified regarding the class action suit- but I really would just like a refund to purchase another brand... any information out there?

[robert h. mclaughlin]

WE bought one for the same reason, "to clean the air." It amkes your nose run and throat hurts. My wife has picked up a bad cough from the air. We was wandering why our breathing was getting affected fron this. WOW didnt know, because they advertised as this was the solution to your air problems and exspensive.

[Eileen Hermann]

I bought 2 Ionic Quadra Breeze air purifyers Oct 17, 2007. In August one of the purifyers stopped working and I cannot find where to get it fixed (I live near Miami, FL) and/or where to enroll in a class action suit. Can anybody help me??

[Rhonda Hasse]

My air purifyiers stopped working and I miss them. I'm searching for FAQ's to get them working again.

[Jay]

I Just found out about these problems while looking for information about my malfunctioning Ionic Breeze GP professional plus. What are my options? Can anyone advise me please?

[Adele Miecuna]

Please remove my question

[Millie Williamson]

I must be living in a cave because I have not heard of the potential health problems of the ionic breeze. Should I remove them from my home? I purchased two in '08.

[Ryan Hamilton]

My wife and I have the GP series and love it . was looking to buy another one when discovered this lawsuit. We are disappointed and dont know what to do with the one we have. Not sure what to beleave. we always liked the air smelled when we walked in the house. Please responed. thanks