California Company Agrees to Settle FTC Charges
That It Made False and Unsubstantiated Claims
in Advertising Its "Air-Therapy" Sprays

FTC News Release
April 12, 1994

Mia Rose Products, Inc., based in Costa Mesa, California, and its officer, Mia Rose Palencar, have agreed to settle Federal Trade Commission charges that they made false and unsubstantiated claims about their "Air Therapy" and "Pet Air" air sprays. The proposed settlement, in part, would prohibit the respondents from making the alleged false claims. The settlement also would bar any representation about the efficacy or performance of any air cleaning, air freshening, or insecticidal product, unless the respondents possess and rely upon competent and reliable scientific evidence to substantiate the representation.

According to the FTC complaint detailing the allegations, Mia Rose Products manufactures and sells a line of citrus-based non-aerosol air-spray products. In their advertisements for Air Therapy and Pet Air — air-spray products containing d-limonene, which is produced by distilling the esssential oils of citrus fruit or other plants — Mia Rose allegedly represented that these products eliminate smoke, pollen, airborne bacteria, and indoor odors. The respondents also allegedly claimed that Air Therapy eliminated household insects when sprayed in the air, and Pet Air would eliminate pet dander. According to the FTC, these representations for both products were false. The complaint also alleges that the respondents did not have a reasonable basis for these claims. In addition, the respondents allegedly failed to substantiate their representations that their products were more effective than conventional air freshening products.

The proposed consent agreement to settle these charges, announced today for public comment, would prohibit the respondents from making the claims alleged to be false for Air Therapy, Pet Air or any substantially similar product, in the future.

The proposed order also would prohibit Mia Rose Products and Palencar from making any unsubstantiated efficacy or performance claims for any of its air cleaning, air freshening, or insecticidal products.

The proposed order would allow the company, for four months after the order becomes final, to continue selling its existing inventory of Air Therapy and Pet Air products before rewording the labeling.

The settlement also contains various provisions that would assist the FTC in monitoring the respondents' compliance with the order.

The San Francisco Regional Office handled the investigation.

The Commission vote to announce the proposed consent agreement for public comment was 5-0.

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