Consumer Reports' legal tab picked up

But did they do something wrong?  See below-

Sharper Image will pay magazine's $525,000 libel suit defense

Sharper Image has agreed to pay Consumer Reports $525,000,
the amount the magazine spent in successfully defending itself against their libel lawsuit.

The settlement announced Thursday comes three months after a federal judge here tossed a lawsuit alleging Consumer Reports printed false and malicious articles in 2002 and 2003 about Sharper Image's Ionic Breeze Quadra Silent Air Purifier.

Consumers Union has steadfastly stood by its magazine’s reports, which said tests of the heavily advertised machine “found almost no measurable reduction in airborne particles.”

In throwing out the case, federal judge Maxine Chesney said Consumer Reports was exercising free speech and that “Sharper Image has not demonstrated a reasonable probability that any of the challenged statements were false.”  In all fairness, they did say that The Sharper Image Quadra cleaned 14 sq ft of air of dust.  And, if you read their machines directions, they tell you, or at least used to tell you, to put the machine "close" to your head where you sleep.  14 sq ft is roughly 1/2 to 2/3 of a medium sized refrigerator's capacity.

Uh...Then it's a FAKE!!!  IT DOESN'T WORK!!!  Don't they...like have to change their advertising that it DOES?

Sharper Image appealed to the 9th U.S. Circuit Court of Appeals, but withdrew the challenge and agreed to end the case. Under California law, defendants of First Amendment speech lawsuits who prevail are entitled to legal fees and costs.

“The message is clear. If you file a meritless lawsuit just because you want to silence a fair, honest review by Consumer Reports, you’ll pay,” said Jim Guest, president of Consumers Union. 

Of course we all remember the meritless/frivolous lawsuits filed by SUV makers over roll-over tests and the dramatic videos we got to see.  Of course these types of lawsuits are NOT to be confused with the types of "frivolous" lawsuits that our federal government wants to get rid of. (Justice is distorted, and our economy is held back by irresponsible class-actions and frivolous asbestos claims (against Halliburton) -- and I urge Congress to pass legal reforms this year. (Applause.) Bush-2005 State of the Union Address.   The "frivolous lawsuits" Bush is worried about are only by trial lawyers suing corporations on behalf of injured or dead consumers or workers, not those brought by corporations against each other.

More than 2 million of the $350 units have been sold.  The prices have since come down and have added many buying incentives since the last article in the Oct 2003 issue and the 2004 yearbook printed by Consumers Reports.  Now are 2-for-1's, 60 day trials, free tiny units...(Aug 2006)

E. Robert Wallach, Sharper Image’s attorney, said the articles were misleading, but the San Francisco-based company decided to end the case "because the purifiers are still selling well." (due to their massive advertising that implies their machine works GREAT! )

ID Hangthesobs
an independent contributor

Did Consumer Reports Get Anything Wrong?

According to the San Francisco Chronicle, April 5, 2005 headline and story Sharper Image assails Consumer Reports Which is obviously BIASED since the whole story is how Consumer Reports BEAT Sharper Image in court, twice.  The first time the libel suit was thrown out for lack of evidence by Sharper Image and the second time they dropped the appeal.

So Consumer Reports got it ALL right!  Right?  Not so fast, read the story and you'll see where Consumer Reports:

1) "Measured Ozone levels 2 inches from the machine and then 3 feet from the machine".  I have read the directions and NONE tell you to put your face in/on the machine.

2) Admitted "the Federal EPA doesn't regulate indoor ozone (Why? Obviously because there are no lawsuits claiming injury), and then "cites studies that show any level of Ozone can be potentially harmful."  I have seen the same "EPA/Government" studies and written to five of the authors/researchers asking them why they seem to say "Ozone" =/is smog/pollution!  I point out that, according to real science, Ozone is only "naturally" occurring "activated/unstable" oxygen with three atoms (O3) instead of two (O2/Oxygen).  Which just happens to oxidize (neutralize) pollution, leaving pure Oxygen as a byproduct! The more pollution in the air, the more Nature generates ozone that oxidizes/neutralizes the pollution by throwing off it's unstable third atom. Everyone knows that our Ozone layer is being destroyed by pollution and being EATEN by combustion vehicles.  According to one definition in Webster's Dictionary, it is pure fresh breathable air. The "government" says exactly the opposite.  Of course, just like pure oxygen or water, too much can be hazardous. (See the study at the bottom) But again, no lawsuits or laws on "indoor ozone."  While no one has answered my emails, none have come back as undeliverable.

3) CR lets Jeff Asher, VP and technical director make the statement that "there's no reason that ozone should be released into the air."  So, does that mean that when there's a thunderstorm and the air is full of nature's Purest ozone, and we see and smell nothing but clean, fresh air, that we are at risk of having more breathing problems?  A higher incidence of allergies and asthma?  Better check your facts Jeff, just because they say it's so, doesn't mean it is.  Sure there's a point at which Ozone becomes irritating but then too much Oxygen or water can KILL you.

Uh... Isn't that the whole premise behind Consumer Reports?  To find out for themselves?  I'm not saying that the government would lie to you but ... hey, 9-11 WTC air was CLEAN! Iraq had NUKES! and WMD's. Phen-Phen was safe.  Viox was safe.  Get the point?

According to the EPA:

1.    One "study" (EPA) says O3 or Ozone is "smog/pollution"

2.    Hundreds of "world-wide studies" says we need more Ozone in our atmosphere to block out the harmful radiation. 

So that means we should make MORE smog/pollution!  Sounds like our Government's newest Clear Skies Initiative!  Say it isn't so Jeff!

When I can use my whole house 3000 ft ionizer and "O3-ozone" generator to "sanitize" my central air ducts and stop all our sneezing, my runny nose, and my eye twitching within an hour, THAT sounds kinda healthy to me.  When my two asthmatic teenage boys go from 40-50 albuterol inhalers a year to 4, THAT sounds healthy to me.  Merck wasn't too happy I'm sure, but our insurance company sure made a lot more last year!  Needless to say, I DON'T have an Ionic Breeze....  1400 sq ft divided by 14 feet = 100 Ionic Breezes that I would need.  $375 plus 1/2 off the second...  uh, the next 98 too?

No room, or enough equity in the house to pay for them and all the electricity each month.

Hey Jeff,  your tests on room 'filters' was right on, using a biased Government study to criticize Ozone was your only fault in this one.  If it wasn't for ground level ozone we'd all be dead along with all other life, from bacteria and 'real' pollutants. Check 'all' the 'other' anti-ozone studies and notice how they all 'closely' resemble the information from the EPA study, most even 'copy' the exact wording.   Love your magazine tho, I'm a 10+ yr subscriber.

Are you aware that the US is the only advanced nation that does not already use intense ozone therapy to treat cancer and aids patients, and that this therapy is currently considered to be working?  Only recently have institutions started dabbling with using ozone in hyperbaric chambers and in hospitals to control Staph infections.  Ever wonder why studies say people have been shown to get MORE sick when admitted to a long stay in a hospital?  The fact that they clean everything with solvents and cleaning chemicals and then re-circulate the air to patients with weak immune systems... Ozone neutralizes VOC's.  Ask Mother Nature. ID Hangthesobs

Life has evolved with the presence of ozone, and it benefits us in many ways.  Need I remind you of Legionnaires Disease?  The mold (precursor) of legionella exists outdoors, throughout our country in our soil.  It is controlled outdoors by naturally occurring ozone.  Legionella is not a threat, unless it is allowed to grow in an environment in which no ozone is present, such as a moist duct system (water).  Ozone is natures cleaning agent. (See below)  Without it, biological waste excreted from organisms such as bacteria would exist in concentrations much too high for human and most forms of life to exist.  Ozone plays a vital role in nature's purification process.

Indoors, ozone and ions are depleted.  This allows contaminants such as mold, mildew, dust mites, and chemical gases to exist in toxic concentrations.  Did you read the cover story of USA Today on November 8th?  Dust mites can not exist with low levels of ozone present, which is one reason why they are found indoors- except, for the most part, in my house.  I sanitize. 

Indoor air is certainly not considered to be fresh air, do we agree on that point?  Indoor air is depleted of ozone and ions, and pollutants take their place.  Outdoor air, or mountainous air is considered to be fresh air.

Outdoor air does contain ozone and ions.  Fresh air, therefore, would consist mainly of Nitrogen, oxygen, ozone and ions.  Air is considered to be the freshest in the mountains.  Mountainous regions contain much higher levels of ozone and ions compared to urban air.  Since our systems restore the balance of ozone and ions indoors, and since the reaction of ozone with common indoor chemicals yields oxygen, then our systems creates fresh air. 

Thomas DeRosa

Ozone

        Ozone contains three oxygen atoms. It has been used in water treatment since 1903. It is more effective against bacteria and viruses than chlorine and adds no chemicals to the water. Ozone cannot be stored and requires an on-site ozone generator.
American Ground Water Trust

But if you ask the Government-

"Safer, More Effective Air Cleaners Are Available"

 "The best way to resolve indoor air quality problems is to remove the pollutant sources or prevent emissions in the first place.  Improving fresh-air ventilation is also beneficial. "

So, remove all paint, varnished wood, plastics, particle wood, rugs, refrigerators, carpets, paneling, tap water, AC, central air/heat ducts, vacuum cleaners, toilets, bathrooms, pets, and the biggest dust-maker (up to 80%) in the house, humans. (skin)  All either collect and grow allergens and bacteria or generate them.  Oh, and leave all your windows open... ALL the time.   Uh... live in a ... log cabin, with no sealers, floorings, furniture, cabinets, paint, or roof!

I'm buying more stock in energy companies!  ID

"When an air cleaner is needed, safe, more effective models are available that can remove air contaminants without the health risks caused by ozone.  These devices can use high efficiency particle arrestance (HEPA) filters, activated carbon, electrostatic precipitators, and/or particle ionizers (Note: precipitators and ionizers can generate low levels of ozone).  Evaluations of household air cleaners have been published by the Consumers Report¹⁴, the American Lung Association (ALA)^[18] and U.S. Environmental Protection Agency (EPA)^[19].  The former two reports give explicit warnings against ozone-generating devices.  The Consumer Reports’ authors conclude, after performing tests, that they “wouldn’t recommend an ozone generator even as a last resort.”  "

So the government uses Consumer Reports opinion, and Consumer's Reports used the Government's opinion.  (But Consumer Reports tested only smoke and dust removal and if ozone was present, they didn't test whether ozone "did" anything.  And NONE of their "more effective models" can kill or remove mold/mildew and bacteria, neutralize gases, chemicals, or odors, all of which Ozone is famous for.  And the best of all?  Every "more efficient" model ("on high speed and noisy") tries to get you to run all the air in your 500 sq ft maximum room through their little machine at once to clean it all, and then you have to clean and replace the filters.  Funny, I don't see any filters outside where the EPA has found the air 1-100 times "less" polluted than indoors.

If you try one to sanitize mold, you'll see the black mold in the bath change colors, and your allergies, runny nose, snoring,  sneezing, skin rashes, cough, chronic sicknesses, house odors, floating dust, pet odors, etc. just might go away.   I think you can safely say it's pretty healthy, unless you're under the impression that all of those nasties are healthy for you and Webster's Dictionary is totally wrong. ID Hangthesobs