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Better Business Bureau tells competitor of SoClean to stop disparaging advertising against the Peterborough company  

  • Staff photo by Ashley Saari

Monadnock Ledger-Transcript
Published: 8/26/2019 11:39:11 AM

A competitor of SoClean Inc., has said it will not comply with recommendations by the National Advertising Division of the Better Business Bureau to discontinue advertising disparaging opinions about the Peterborough manufacturer.

SoClean Inc. manufactures and sells devices for cleaning Continuous Positive Airway Pressure or CPAP machines. The SoClean products use ozone as a germicide.

3B Medical, a company which also sells CPAP cleaners which utilize UV light, has in its advertising, “either expressly or impliedly” challenged the use of ozone as a cleaning agent as being dangerous to consumers’ respiratory health, according to findings by the National Advertising Division.

SoClean approached the National Advertising Division alleging 3B Medical’s advertising was making disparaging claims without merit toward SoClean.

The National Advertising Division is an investigative arm of the Better Business Bureau’s dispute resolution programs, recently reviewed 3B Medical’s advertisement, and found “evidence was insufficiently reliable to provide a reasonable basis for the advertiser’s claims regarding the use of ozone” and recommended 3B Medical discontinue making such claims, according to a press release issued by the National Advertising Division on Monday.

“The press release really speaks for itself,” Dean Marcarelli, the chief marketing officer for SoClean, Inc., said in an interview Wednesday. “The things 3B Medical were saying were false and misleading.”

Marcarelli said ozone has been used for more than a hundred years as a cleaning agent.

“It’s a very commonly used substance to clean water and to clean hospitals,” Marcarelli said. “It’s a very safe and widely used disinfectant.”

The National Advertising Division noted that advertising should “not suggest greater scientific certainty than actually exists, particularly with respect to competitors’ products and the negative impact that they may confer on consumers – especially on consumers’ health.”

3B Medical was advised to cease using language characterizing SoClean’s use of ozone as dangerous or hazardous to its user’s health.

However, according to the National Advertising Division’s press release, 3B Medical has indicated it will not comply with those recommendations.

In a statement to the National Advertising Division, 3B Medical stated it “stands behind every statement made about the dangers of ozone exposure in general and the problems with the SoClean2 device, in particular”.

The National Advertising Division has forwarded the matter to the Federal Trade Commission and the Food and Drug Administration for possible enforcement action.

SoClean and 3B Medical are still involved in a separate dispute over advertising currently being adjudicated at the district federal court. 3B Medical has alleged SoClean’s advertising around its use of ozone is misleading to consumers. SoClean has filed a motion to dismiss the claim.


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