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102 3033

UNITED STATES OF AMERICA

FEDERAL TRADE COMMISSION

COMMISSIONERS: Jon Leibowitz, Chairman 

William E. Kovacic

J. Thomas Rosch 

Edith Ramirez

Julie Brill

In the Matter of

ORECK CORPORATION,

 a corporation.

DOCKET NO. C-4321

COMPLAINT

The Federal Trade Commission, having reason to believe that Oreck Corporation, a

corporation (“respondent”), has violated the provisions of the Federal Trade Commission Act,

and it appearing to the Commission that this proceeding is in the public interest, alleges:

1. Respondent Oreck Corporation is a Delaware corporation with its principal office or

place of business at 565 Marriott Drive, Suite 300, Nashville, Tennessee 37214.

2. Respondent has manufactured, advertised, labeled, offered for sale, sold, and distributed

products to the public, including the Oreck Halo vacuum cleaner and the Oreck ProShield Plus

portable air cleaner. Respondent offers these products direct to consumers by telephone and

through numerous websites, including www.oreck.com, www.healthier-home.com,

www.oreckhalo.com, and www.oreckpureair.com, as well as through company-owned and

franchised retail stores and third-party retail outlets. The Oreck Halo and the Oreck ProShield

Plus are “devices,” within the meaning of Sections 12 and 15 of the Federal Trade Commission

Act.

3. The acts and practices of respondent alleged in this complaint have been in or affecting

commerce, as “commerce” is defined in Section 4 of the Federal Trade Commission Act.

4. The Oreck Halo is an upright vacuum cleaner that has a built-in light chamber and a

HEPA filter bag. The light chamber generates ultraviolet light in the C spectrum onto floor

surfaces while vacuuming. Respondent promotes the Oreck Halo as effective, through normal

use, in killing virtually all bacteria, viruses, germs, mold, and allergens that exist on carpets and

other floor surfaces. 
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5. The Oreck Proshield Plus is a portable room air cleaner. Containing an electrostatic

precipitator, the Oreck Proshield Plus uses a process called electrostatic attraction to trap

airborne particles. Respondent promotes the Oreck ProShield Plus as effective, through normal

use, in killing virtually all bacteria, viruses, germs, mold, and allergens that exist in the air of an

average-sized household room.

6. Respondent has disseminated or has caused to be disseminated advertisements for the

Oreck Halo and Oreck ProShield Plus, including but not necessarily limited to the attached

Exhibits A through N. These advertisements contain the following statements and depictions:

A. http://www.oreck.com/flu-fighters/index.cfm, accessed 12/9/09 (Exhibit A)

“

The new Oreck ProShield Plus Air TM

Purifier with Helios ShieldTM

captures and destroys many

airborne viruses like the flu.

You can do something about the air in

your home. Twice every hour, the

new Oreck ProShield Plus cleans and

re-circulates the air in a 12' x 1 8'

room. In in-home testing, the

ProShield helped deliver up to a 99%

reduction in particles down to .1

microns.* . . . .”

The Oreck Halo kills many germs ®

on your floor while you vacuum.

Now you and your family can enjoy a

healthier clean. This is the only

vacuum in the world that uses

powerful UV-C light to kill many of

the germs that could be living on your

floors. UV-C technology is not new. 

It’s used to sanitize hospital operating

rooms and to purify drinking water

. . . .”

B. Oreck Halo and ProShield Plus Print Advertisement (Exhibit B)

“Introducing the Oreck Flu Fighters.
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Help stop the flu on virtually any surface and in the air in your home.

Captures Viruses

The NEW Oreck ProShield Plus Air Purifier with Helios Shield can capture TM TM

and destroy many airborne viruses like the flu.

You can do something about the air in your home. Twice every hour, the new

Oreck ProShield Plus cleans and re-circulates the air in a 12' x 1 8' room. In

in-home testing, the ProShield helped deliver up to a 99% reduction in airborne

particles down to .1 microns.* 

. . . . 

Now you and your family can enjoy a healthier clean. This is the only vacuum in

the world that uses powerful UV-C light to kill many of the germs that could be

living on your floors. UV-C technology is not new. It’s used to sanitize hospital

operating rooms and to purify drinking water supplies. See for yourself just how

effective it is and what a fantastic job it does on all types of floor surfaces.* . . . .”

[The advertisement contains the following statement in small print: “*Results

may vary. Extent of killing on surfaces depends on microorganism exposure

time. The Oreck Halo vacuum cleaner is not intended for use in the cure,

mitigation, treatment or prevention of any disease or medical condition, including

asthma or allergies.”] 

C. Oreck Halo 30-minute Infomercial (Exhibit C, transcript, and Exhibit D, DVD

containing ad)

[Announcer]: “Your floors look clean but are they really...even if it looks clean

there can be germs, mold, bacteria, viruses, dust mite and flea eggs living right

under your feet. Tracked in on your shoes or carried in by your pet. Did you

know that you can find over 100,000 dust mites on one square yard of carpet and

dust mites have been linked to indoor allergies and asthma. Plus there can be up

to 2,500 bacteria, a common cause of infections on just one square inch of tile. 

But it gets worse! You could find up to 200,000 bacteria on just one square inch

of carpet.”

. . . . 

[Announcer]: “Ordinary vacuums pick up dirt, but may leave germs behind and

harsh chemicals like bleach can ruin carpet. But now you can kill and reduce

many germs and bacteria on all your floors, while you vacuum. Introducing the

revolutionary Oreck Halo-the only germ-killing UVC vacuum!”
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[The advertisement depicts a woman quickly vacuuming up all simulated

germs. On the screen, the following statement appears in small white

print superimposed at the bottom of the screen for a few seconds: 

“Simulation only. Results may vary. Extent of killing on surfaces

depends on microorganism exposure time. The Oreck Halo vacuum

cleaner is not intended for use in the cure, mitigation, treatment or

prevention of any disease or medical condition, including asthma or

allergies.”]

. . . . 

[Announcer]: “The light chamber in the Oreck Halo has killed up to 99.9% of

bacteria exposed to its light in one second or less.”

[The advertisement depicts a woman vacuuming up all simulated germs.

On screen, the statements appear: “Killed up to 99.9% of bacteria in

laboratory testing.” and “One second or less.”]

. . . . 

[Andrea Jackson]: “The Oreck Halo light chamber has been tested and shown to

kill up to 99.9% of certain common germs, plus dangerous pathogens like E. Coli

and MRSA. Best of all, the many germs it kills can then be vacuumed up without

a trace, thanks to superior vacuum technology that could only come from Oreck.”

[The advertisement depicts a man quickly vacuuming up all simulated

germs. On screen, the following statement appears: “Reduced up to

99.9% of common germs in laboratory testing.” The advertisement also

contains the following statement in small white print superimposed at the

bottom of the screen: “Simulation only. Results may vary. Extent of

killing on surfaces depends on microorganism exposure time. The Oreck

Halo vacuum cleaner is not intended for use in the cure, mitigation,

treatment or prevention of any disease or medical condition, including

asthma or allergies. Do not attempt to look into Oreck Halo light. See

Owner’s Manual for safety and other instructions.”]

. . . . 

[Announcer]: “In laboratory testing the Halo light chamber can kill flu virus and

e.coli bacteria in as little as .33 seconds. There is no extra work and no extra

cleaning.”

[The advertisement depicts a man in lab coat vacuuming, followed by the

following chart: 
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The advertisement then calls out from the chart the times relating to the

flu virus and e. coli bacteria.]

. . . . 

[Stan Kikkert]: “I’m Stan Kikkert. In carpets, we can commonly find

staphylococcus. Basically we did a simple experiment. I applied staphylococcus

to the surface of various carpet samples. Some of those samples were vacuumed

two passes from the Oreck Halo vac. Some received four passes, some received

six passes. In addition, I did this experiment in parallel with a conventional

vacuum, one that did not have an ultra-violet light. After performing the

vacuuming, I swabbed the carpets, and transferred those swabs onto some auger

Petri dishes. What we saw was a conventional vacuum is not effective at

removing microorganisms from the carpet. The Oreck Halo vac was successful at

removing bacteria from the surface of carpet samples. That reduction was

approximately 80%, with each set of two passes.”

 

[On-screen depiction] 

[On screen in above depiction in small white print at the bottom of the

screen: “53% to 88% percent reduction in bacterial load was observed in

laboratory testing.”] 

[Stan Kikkert]: “We see that repeated use of the Oreck Halo vac, you get a

repeated reduction in the amount of bacteria that’s present on the surface of the

carpet samples.”
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[On-screen depiction] 

[On screen in above depiction in small white print at the bottom of the

screen: “53% to 88% percent reduction in bacterial load was observed in

laboratory testing.”] 

. . . . 

[Dr. Charles Gerba]: “To assess the effectiveness of the Oreck Halo, we looked

at the numbers of bacteria in five different households. And I want to show you

the results, because they’re rather dramatic. Let me start with the Rosser home,

where you can see the number of bacteria on the baby’s carpeting before and after

the use of the Oreck Halo-over a 90% reduction.”

[On-screen depiction]

[On screen in above depiction in small white print at the bottom of the

screen: “Results may vary. Extent of killing on surfaces depends on

microorganism exposure time. Bacteria colonies were incubated for

comparison based on colony growth. Results may not represent actual

bacteria levels present prior to incubation.”]

[Consumer endorser]: “Now I know firsthand! I mean the results are right in

front of my face. It makes such a difference. That’s just amazing.”

[Dr. Charles Gerba]: “Well, let’s take a look at the results from the Harber’s

kitchen tile floor. This is before and after. You can see the effectiveness of the

Oreck Halo - here over 90% reduction.”
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[Woman’s voice; close-up of two simulated Petri dishes-before and after-“Harber

Family” heading]: “I can’t believe how much the Oreck Halo eliminated, and

how, just by using the Halo for the thirty days. . . I just couldn’t be happier with

the results.”

[Dr. Charles Gerba]: “Let’s move on to the Squier household. You can see the

large numbers of bacteria here, and in this case we reduced the number of bacteria

by more than 99.9%.”

[Consumer endorser]: “The bacteria was almost gone, so I know that if I

continued to use the Oreck Halo, it’s gonna remove more bacteria each time it’s

being used.”

[Dr. Charles Gerba]: “Let’s move on to the Coble home-the hardwood bedroom

floors, you can see more than a 90% reduction.”

[Consumer endorser]: “Couldn’t even express the night and day results.”

. . . . 

D. Oreck Halo 60-second Television Commercial (Exhibit E, transcript, and Exhibit

F, DVD containing ad)

[Announcer]: “Chances are allergens and illness triggers are in your home...living

right under your feet. Dirt and debris you can see and germs, bacteria and dust

mites that you can’t see. So how do you get from here...

[Depiction of simulated germs,

bacteria and dust mite eggs deep

below the surface of a carpet]

to here?”
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[Depiction of woman quickly

vacuuming up all simulated mold,

bacteria, germs and viruses]

[On screen in above depiction in small white print at the bottom of the

screen: “Simulation only. Results may vary. Extent of killing on surfaces

depends on microorganism exposure time. Not intended to cure, treat or

prevent any disease or medical condition. Do not attempt to look into

Oreck Halo light. See Owner’s Manual for safety and other instructions.”]

[Announcer]: “With the incredible germ killing vacuum so revolutionary it could

only be an Oreck. 

 . . . .

The secret is the patented Halo Light chamber that creates a powerful germicidal

wavelength of UV-C light that can kill and reduce up to 99.9% of germs and

bacteria helping you give your floors a healthier clean.”

[The advertisement depicts the Oreck Halo’s UV-C light killing germs. 

On the screen, the following statement appears in small white print

superimposed at the bottom of the screen for a few seconds: “Results may

vary. Extent of killing on surfaces depends on microorganism exposure

time. The Oreck Halo vacuum cleaner is not intended to cure, treat or

prevent any disease or medical condition, including asthma or allergies.”]

[Announcer]: “. . . . and learn how the Oreck Halo can help you give your home a

healthier clean.”

[The advertisement depicts the Oreck Halo eliminating all germs below

the vacuum]

E. Oreck Halo Print Advertisement (Exhibit G)

“Goodbye bacteria, viruses, mold, and germs. Hello barefoot clean!
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Introducing the powerful new Oreck Halo. The only UV-C germ-killing TM

vacuum.

There is a lot more that could be living in your home than just your family and

pets. Dust-mites, fleas and their eggs, mold, bacteria, germs, and microorganisms

that cause flu, diarrhea and upset stomachs could be living there, too. Now

there’s an amazingly powerful new vacuum that was designed to help protect

your family from many of those microscopic, uninvited guests. It’s the new

Oreck Halo with exclusive germ-killing UV-C Technology.

Technology proven in hospitals. The new Oreck Halo can kill many bacteria,

viruses, dust mite eggs, and even mold on any floor surface.* That’s due to its

powerful UV-C light. This is the same light used to disinfect hospital operating

rooms and purify drinking water. You get a healthier clean.

. . . .”

[Small print at bottom of ad: “Results may vary. Extent of killing on surfaces

depends on exposure time. Instant killing is considered exposure times of one

second or less. The Oreck Halo vacuum cleaner is not intended for use in the

cure, mitigation, treatment, or prevention of any disease or medical condition,

including asthma or allergies. Bag filters 99.95% of all particles captured down

to 0.3 microns.”]

F. Oreck Halo Print Advertisement (Exhibit H)

“Make sure your child is the only thing crawling on your floors.

Millions of germs, viruses and bacteria could be living on your floor and can

trigger asthma and allergy attacks, colds, and flu.

. . . .

When the light is on, germs are gone.

. . . .”

G. Oreck Halo Print Advertisement (Exhibit I)

“The Oreck Halo helps you fight the flu.
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 Now you can enjoy a healthier clean,

thanks to the Oreck Halo. 

This is the only vacuum in the world that

uses powerful UV-C light to kill many of

the germs that could be living on your

floors, such as the flu. UV-C technology is

not new. It’s used to sanitize hospital

operating rooms and to purify drinking

water. Plus the Oreck Halo is hypoallergenic. It traps 99.9% of particulates

down to 0.3 microns.

. . . .”

H. Oreck ProShield Plus 30-minute Infomercial (Exhibit J, transcript, and Exhibit K,

DVD containing ad)

[David Oreck]: “Here are a couple of questions. Do you want to protect your

family from exposure to colds and flu this season in your home? Do you have

pets? Do you ever use aerosol cleaners? Does anyone in your family have

allergies or asthma? Now, if you answered ‘yes’ to any of these questions, that’s

where my new Pro Shield Plus Air Purifier comes in.”

[On-screen depiction of

woman sneezing]

. . . . 

[Announcer]: “Our country is facing what some are calling the worst flu season

in years. Now more than ever we should be aware of the airborne germs and

viruses that could be in our home.”

. . . . 

[Host]: “Well, now you can fight back with this, the new Oreck ProShield Plus,

the air purifier that circulates the air to capture and kill many of the potentially
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harmful things that may be in it. I know how harmful they can be because my

health was severely affected for several years by indoor air pollution. So when the

folks at Oreck asked me to host this show I told them I wanted to see proof that

the ProShield Plus worked in real homes for real families, and not just in a

laboratory. Their response? No problem.”

. . . . 

[Tony Frassrand]: “Well, our independent air quality specialist did an initial test

in the Vaccher’s home and found that they had an incredibly high number of

particles in their air. We then turned on the Oreck ProShield Plus that was placed

it in the center of the living room, and the ProShield Plus got to work cleaning the

air. Our independent air quality specialist retested the air over a short period of

time to see how the Oreck ProShield Plus performed. What’d you find?”

[Indoor Air Quality Specialist]: “Well what I found was that we had a 98%

reduction.”

[Tony Frassrand]: “98% reduction.”

[Consumer endorsers]: “Wow!”

. . . . 

[Tony Frassrand]: “Remember, before the ProShield Plus, the Vaccher family

was battling an extremely high number of particulates in their air. In fact, the air

in their home was more polluted than the air outside. But, the ProShield Plus

helped remove 98% of those harmful particles out of the air. Well, if it can

happen here in the Vaccher home then it can surely happen for you too.”

[On screen in above depiction in small white print at the bottom of the

screen: “High setting used for entire test period of time in a sealed room. 
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Percent reduction includes natural deposition and particle size measured

down to 0.1 microns.”] 

. . . . 

[Announcer]: “And here’s a special announcement. Our country is facing what

some are calling the worst flu season in years. With the existing flu pandemic on

the rise, now more than ever we should be aware of airborne germs and viruses

that can be in our homes.”

[On screen in above depiction in small white print at the bottom of the

screen: “The Oreck ProShield Air Purifier is not intended for use in the

cure, mitigation, treatment, or prevention of any disease or medical

condition, including asthma or allergies.”] 

[Announcer]: “That’s why when you order now, David Oreck will give you

$50.00 off his new Oreck ProShield Plus. That’s how committed Oreck is to the

well being of your family and it’s a smart way to help reduce your chance of

exposure to colds and flu in your home.”

. . . . 

[Host]: “Few things are more beautiful than flowers in bloom. Unfortunately, that

can also mean pollen is in the air. And for some of us, that can mean more than

just an occasional sneeze. No wonder so many families with allergy and asthma

sufferers love the ProShield Plus.”
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. . . . 

[David Oreck]: “In fact, independent testing proved the ProShield Plus helped

produce an astounding 99% reduction in airborne particles in a room in an actual

home. And it can do the same in your home.”

[On screen in above depiction in small white print at the bottom of the

screen: “High setting used for entire test period of time in a sealed room. 

Percent reduction includes natural deposition and particle size measured

down to 0.1 microns.” ] 

 . . .”

I. Oreck ProShield Plus 120-second Television Commercial (Exhibit L, transcript,

and Exhibit M, DVD containing ad)

[Announcer]: “Attention. The federal government warns we could be in for the

worst flu season in decades. So how are you going to fight back the millions of

microorganisms that could be riding on the airborne dust in your home?”

[Announcer]: “And those dust particles could carry things like germs, cold and

flu viruses, bacteria, mold and allergens. And could be spreading illnesses like

the influenza virus and when your front door closes you and your family are

sealed in with that pollution.”

[The advertisement depicts simulated particles floating in a typical

livingroom]

[Announcer]: “Now, you can fight back with the new Oreck ProShield Plus Air

Purifier. The new ProShield Plus features two air-purification innovations only

available from Oreck. Powerful fans circulate the air through the ProShield Plus

and Oreck’s patented Truman Cell electrostatically charges many dust particles,

allergens, germs and viruses pulling them out of the air like a magnet. And for

odors, Oreck’s brand new Helios Shield uses ultraviolet light to smash the

molecular structure of gases and odors. In fact, in-home testing shows that the
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new ProShield Plus helped deliver up to a 99% reduction in airborne particles

down to .1 microns.”

[On-screen depiction of graph

showing 99% reduction in

airborne particles]

[On screen in above depiction in small white print at the bottom of the

screen: “High setting used for entire test period of time in a sealed room. 

Percentage reduction includes natural deposition and particle size

measured down to 0.1 microns.”] 

[Announcer]: “. . . . Try it risk free for 30 days. Keep it and enjoy the freedom

of NO payment and NO interest for 1 year. Call now and fight the flu in your

home air, with the new Oreck ProShield Plus air purifier.”

J. Oreck ProShield Plus Print Advertisement Provided to Franchisees (Exhibit N)

“

Introducing the New Oreck ProShield + Air

TM

Purifier. In-home testing shows the

ProShield helped deliver up to 99% reduction

in airborne particles down to .1 microns .

†

Can capture and

destroy many

airborne allergens

and viruses like

the flu!
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[The advertisement contains the following statement in small print: “High setting

used for entire test period of time in a sealed room. Percent reduction includes

natural deposition and particle size measured down to .1 micron.”]

7. Through the means described in Paragraph 6, respondent has represented, expressly or by

implication, that:

A. The Oreck Halo substantially reduces the risk of or prevents the flu;

B. The Oreck Halo substantially reduces the risk of or prevents other illnesses or

ailments caused by bacteria, viruses, molds, and allergens, such as the common

cold, diarrhea, upset stomachs, asthma, and allergy symptoms;

C. The Oreck Halo will eliminate all or virtually all common germs and allergens

found on the floors in users’ homes;

D. The Oreck Halo’s UV-C light is effective against germs, bacteria, dust mites,

mold and viruses embedded in carpets;

E. The Oreck ProShield Plus substantially reduces the risk of or prevents the flu;

F. The Oreck ProShield Plus substantially reduces the risk of or prevents other

illnesses or ailments caused by bacteria, viruses, molds, and allergens, such as the

common cold, asthma, and allergy symptoms; and

G. The Oreck ProShield Plus will eliminate all or virtually all airborne particles from

a typical household room under normal living conditions.

8. Through the means described in Paragraph 6, respondent has represented, expressly or by

implication, that it possessed and relied upon a reasonable basis that substantiated the

representations set forth in Paragraph 7, at the time the representations were made.

9. In truth and in fact, respondent did not possess and rely upon a reasonable basis that

substantiated the representations set forth in Paragraph 7, at the time the representations were

made. Therefore, the representation set forth in Paragraph 8 was, and is, false or misleading.

10. Through the means described in Paragraph 6, respondent has represented, expressly or by

implication, that:

A. Scientific tests prove that users of the Oreck Halo will eliminate or virtually

eliminate many common germs and allergens found on the floors in their homes;

and

B. Scientific tests prove that the Oreck ProShield Plus will eliminate or virtually

eliminate many common viruses, germs and allergens from a typical household

room under normal living conditions. 
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11. In truth and in fact:

A. Scientific tests do not prove that users of the Oreck Halo will eliminate or

virtually eliminate many common germs and allergens found on the floors in their

homes; and

B. Scientific tests do not prove that the Oreck ProShield Plus will eliminate or

virtually eliminate many common viruses, germs and allergens from a typical

household room under normal living conditions. 

Therefore, the representations set forth in Paragraph 10 were, and are, false or misleading.

12. Respondent has provided advertisements to its franchised stores for use in their

marketing and sale of the Oreck Halo and the Oreck ProShield, including but not necessarily

limited to the attached Exhibits B, F, G, H, and N.

13. Through the means described in Paragraph 12, respondent has provided means and

instrumentalities to distributors of respondent’s products in furtherance of the deceptive and

misleading acts or practices alleged in Paragraphs 6 through 11.

14. The acts and practices of respondent as alleged in this complaint constitute unfair or

deceptive acts or practices, and the making of false advertisements, in or affecting commerce in

violation of Sections 5(a) and 12 of the Federal Trade Commission Act.

THEREFORE, the Federal Trade Commission this nineteenth day of May, 2011, has

issued this complaint against respondent.

By the Commission.

Donald S. Clark

Secretary

SEAL: