Class Action Lawsuit Alleges BreatheSmart Air Purifiers Do Not Contain HEPA Filters as Advertised

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A proposed class action lawsuit alleges Alen Corporation’s BreatheSmart air purifiers are falsely advertised as containing high-efficiency particulate air (HEPA) filters, as the products and replacement filters do not actually comply with HEPA standards.

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The 26-page false advertising lawsuit claims that although Alen repeatedly claims that its BreatheSmart 41i HEPA and BreatheSmart FLEX HEPA air purifiers are equipped with “pure” and “medical grade” HEPA filters “so you can breathe easy,” the products do not actually contain a HEPA-grade filter or meet HEPA standards for air purification.

The class action lawsuit explains that HEPA filters are a kind of mechanical air filter that is pleated and made of sheets of randomly arranged plastic or fiberglass. To be called a HEPA filter, it must capture at least 99.97 percent of dust, pollen, mold, bacteria, and airborne particles ranging in size from 0.1 to 0.3 microns, the complaint says.

Moreover, “[e]ach filter offered for sale as ‘HEPA’ must itself be tested and verified to meet HEPA requirements,” the suit says.

According to the lawsuit, independent testing conducted by a reputable lab and commissioned by the plaintiff’s counsel showed “stunning” results, namely that the BreatheSmart filters did not remove 99.97 percent of particles at 0.3 microns, or 99.9 percent of particles at 0.3 microns, meaning the air purifiers cannot be considered HEPA-grade.

Despite its apparent knowledge that the air purifiers were deficient, Alen has continued to falsely represent the effectiveness of its air purifiers while “hocking its wares” to consumers concerned about harmful airborne pathogens or particulates. The case points to the COVID-19 pandemic, and fears about smoke from “yearly ‘once-in-a-lifetime’” wildfires in the United States, as two primary reasons why consumers may increasingly seek out air purifiers they believe feature HEPA-grade air filters.

“...[T]he smoke from wildfires that have raged across both coasts of the United States since 2020 has quite literally blocked out the sun and forced millions of people indoors,” the complaint reads. “For many, the smoke has exacerbated health conditions such as asthma or emphysema.

Furthermore, the COVID-19 pandemic skyrocketed consumer concerns about air quality, and increased awareness of respiratory ailments and airborne pathogens has also driven consumer demand for HEPA-grade air purifiers, the filing mentions.

Per the lawsuit, Alen has been “making a killing” from its false and misleading representations since 2020, knowingly selling ineffective air purifiers and replacement filters to consumers at a premium price.

Consumers have no way to discern whether products touted as HEPA-compliant contain a filter to specification with HEPA standards, the filing states, and rely on a product’s marketing and packaging to make informed decisions. According to the lawsuit, consumers “generally understand that HEPA is an industry regulated term and believe HEPA filters are the best in the market, despite not knowing precisely what HEPA means.”

“Being able to make a ‘HEPA’ claim is thus a huge boon to manufacturers, and they know it,” the lawsuit charges.

Additionally, given Alen’s position as one of the nation’s leading air purifier manufacturers, consumers are more likely to give credence to the company’s patently false representations that the air purifiers contain tested and verified HEPA filters that meet the expected performance requirements, the case says. If Alen had been truthful that the products were not HEPA-grade, the case says, consumers would not have purchased the product at a premium price or at all.

The Alen Corporation class action lawsuit seeks to cover all individuals in the United States who purchased Alen’s BreatheSmart 45i HEPA or BreatheSmart FLEX HEPA air purifiers or replacement filters during the applicable statutory period.

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