05.11.11
Class Action Lawsuit Charges Oreck with Deceptive Advertising
Oreck Halo Advertisement
If you purchased an Oreck Halo vacuum or a ProShield Air Purifier in response to Oreck’s health claims, contact the Heenan Law Firm to learn your rights at info@heenanlawfirm.com / 406.839.9091
Yesterday, the owner of an Oreck Halo vacuum filed a class action against Oreck Corporation in Illinois federal court. (Ruscitti v. Oreck Corporation 1:11-cv-03121 ). The primary charge is that Oreck misrepresented the “germ killing” abilities of its Oreck Halo vacuum. The lawsuit alleges that Oreck aggressively advertised and marketed the Halo vacuum’s ability to “kill and reduce virtually all bacteria, viruses, germs, mold, and allergens that exist on carpets and floor surfaces” including the flu and common cold. According to the lawsuit, such claims were not substantiated. The lawsuit alleges Oreck charged consumers a substantial premium for the “germ killing” Halo vacuum, and seeks remedies under state consumer protection laws related to false advertising.
Earlier this year, the Federal Trade Commission charged Oreck with making false and deceptive health claims regarding its Halo vacuum and ProShield Plus air cleaner products. (FTC File No. 102 3033). The FTC action was resolved last month with Oreck agreeing to pay a $750,000 penalty and being forbidden from making further unsubstantiated health claims in the advertising of its products.
According to the FTC complaint, which resulted from a referral by the Better Business Bureau’s National Advertising Division, Oreck advertised these products via infomercials, traditional television commercials, print ads, in-store displays, and online ads.
During the 2009 holiday season, online ads displayed the Halo and the ProShield Plus side by side under the headline “Introducing the Oreck Flu Fighters, Help Reduce the Flu on Virtually any Surface and in the Air in Your Home.” The ads also claimed the Proshield Plus “captures and destroys many airborne viruses like the flu.” An infomercial for the Oreck Halo claimed, “The Oreck Halo has killed up to 99.9 percent of bacteria exposed to its light in one second or less,” and also boasted that the vacuum’s light chamber “has been tested and shown to kill up to 99.9 percent of certain common germs, plus dangerous pathogens like E. coli and MRSA.”
If you purchased an Oreck Halo vacuum or a ProShield Air Purifier in response to Oreck’s health claims, contact the Heenan Law Firm to learn your rights at info@heenanlawfirm.com / 406.839.9091
The Heenan Law Firm is licensed to practice law in the State of Montana, and may work with firms in other states consistent with attorney rules and guidelines.
