Public Justice objects to unfair "coupon" settlement over Sharper Image air purifiers

PALM BEACH GARDENS - MIAMI, FLA---Arguing that a proposed class action settlement involving Sharper Image's "Ionic Breeze" air purifiers "looks more like a marketing tool than a fair deal," Public Justice has filed objections to the settlement and called on the marketing giant for a "more serious" response to studies that show the devices emit harmful levels of ozone. Palm Beach Gardens, Consumer Justice attorney, Ted Leopold is one of the attorneys representing Public Justice and the class.

The proposed settlement of Figueroa v. Sharper Image, which is pending in a Miami federal court, consists of a $19 coupon that can be redeemed off the sale of another Sharper Image branded product. It also gives class members the right to obtain an "OzoneGuard" that may or may not ameliorate some of the adverse health effects associated with use of the Ionic Breeze. "Whatever the case the consumer cannot replace the product and must invest more money in something that works correctly or continue to spend money with Sharper Image to get something that is effective. There is great irony in the fact that this is a company that brands its image on things that make a consumer's life more comfortable, relaxing and is health minded," added Mr. Leopold.

Public Justice's objections, which were filed on behalf of a class member who stopped using the devices after learning of their health risks, argue that the settlement is unfair and should not be approved. Attorneys General in 26 states and the District of Columbia also filed a brief opposing the settlement.
"The fact that the only way in which class members can obtain value from their coupons is by spending more money at Sharper Image raises serious questions about the fairness of this agreement," said lead counsel Amy Radon, Public Justice's Goldberg, Waters & Kraus Fellow.

"We anticipate that few class members will be inclined to return to Sharper Image after learning about the debacle that occurred with respect to these Ionic Breeze machines. And the OzoneGuard, which only fits some of the Ionic Breeze models included in the settlement, has never been proven to cure the defects in these expensive machines.
"The settlement arises out of a national controversy regarding adverse health effects associated with the Ionic Breeze, which have been bought by over 3 million consumers nationwide. In 2003 and 2005, Consumer Reports reported that the "air purifiers" were ineffective and emitted harmful levels of ozone that can aggravate breathing problems. Those reports prompted several lawsuits against Sharper Image, including Figueroa. If the settlement is approved, it will put an end to all class-wide litigation involving economic injuries caused by the devices.

"I spent over $500 on two Ionic Breeze air purifiers in reliance on Sharper Image's advertising, only to learn that they render my environment unhealthy," said objecting class member La Sarmiento, a massage therapist from Washington, DC. "This is particularly unacceptable to me given my profession. I cannot allow a place of healing to become a cause of health problems for my clients, my partner, or myself."

The settlement originally provided that class members could receive a $19 coupon and the right to purchase an OzoneGuard that fits some Ionic Breeze floor models. The day after Public Justice filed its objections, the settlement was amended to give class members who can prove that they purchased an Ionic Breeze the right to receive a free OzoneGuard. This new relief, according to Public Justice, does not cure the defects in the settlement, because (1) class members who cannot produce proof of purchase are not entitled to the free guards; (2) the guards only fit some of the Ionic Breezes included in the settlement; and (3) the settling parties have never proven that the guards fix the problems with the air purifiers, which cost hundreds of dollars and are known to pose serious health risks.

A hearing on the matter has been scheduled for August 16, 2007, where Public Justice will present the objections to this settlement on behalf of Ms. Sarmiento. Counsel for Ms. Sarmiento consist of Ted Leopold of Ricci~Leopold in Palm Beach Gardens, Florida, Ms. Radon, Public Justice Staff Attorney Leslie Brueckner, and Public Justice Executive Director Arthur Bryant.

Ted Leopold is the managing partner in the law firm of Ricci~Leopold, P.A. As consumer justice advocates, the attorneys at Ricci~Leopold pursue justice for those who are harmed by the misconduct of insurance companies and corporations. The firm, founded in 1982, has six attorneys and is headquartered in Palm Beach Gardens, Florida, with offices located at 2925 PGA Blvd Additional information about Ricci~Leopold , P.A. may be obtained by call (561-684-6500) or from the firm's website at www.riccilaw.com.

Related Documents:
 

Figueroa v. Sharper Image Corp