A group of District Attorneys in California reached a settlement with Big Ass Fans, resolving allegations that the company misled consumers about its “clean air products.”  As part of the settlement, Big Ass Fans agreed to pay eleven District Attorneys a total of $450,000 in restitution, costs, and civil penalties.  

According to the DAs, during the COVID-19 pandemic, Big Ass Fans – which sells both residential and commercial fans – claimed that its products would kill over 99% of pathogens present in the air and on surfaces within 20 to 60 minutes.  The DAs charged, for example, that Big Ass Fans claimed that their fans equipped with “clean air technology” would eliminate 99.99% of the SARS-CoV-2 virus in the air in 60 minutes and could reduce the risk of COVID-19 infection.  The DAs alleged, however, that the company couldn't properly substantiate those claims. 

There are a few important take-aways from this enforcement action.  First, when making health-related claims, it's critical that you have competent and reliable scientific evidence to support them.  Second, it's also important to make sure that it's more than just theoretical science; you'll need to be able to show that consumers will generally achieve the promoted performance in the manner in which they will be using the products.  And, finally, this case is a good reminder that consumer protection laws aren't just enforced by the federal government; state and local authorities can bring enforcement actions as well. 

The settlement was entered into with District Attorneys of Alameda, Orange, Marin, Monterey, Napa, San Francisco, Santa Clara, Santa Cruz, Shasta, Solano, and Sonoma Counties,