The developer of a wireless device and app that claims to measure blood alcohol content has settled a claim over false advertising with the Federal Trade Commission.

Last week the FTC announced a settlement with Breathometer Inc., developer of a pair of devices and apps that the FTC claimed failed to demonstrate that its product accuracy was grounded in government laboratory grade testing.

Under the settlement with the FTC, Breathometer has agreed to refund consumers about $5.1 million and is barred from making future accuracy claims for a consumer breathalyzer product unless such claims are supported by rigorous testing.

Breathometer has some notoriety in the mobile health and wellness market. Company founder and CEO Charles Michael Yim obtained initial financing for the breathalyzer product and app by successfully pitching it to the investors on the television show Shark Tank, says the FTC.

Breathometer advertising claimed that their products was the result of government-lab grade testing and was also a law enforcement grade product. The product is a small device that attaches to a smartphone through the audio jack. Sold on Breathometer.com, Amazon.com, BestBuy.com and other retail websites, consumers would download a free Breathometer app to their phone and blow into the device. Within five seconds, a blood alcohol level would be displayed on the consumers phone, says the FTC.

But the devices, which cost on average about $99.99, failed to prove the accuracy of their advertising claims, says the FTC. People relied on the defendants products to decide whether it was safe to get behind the wheel, says FTC Bureau of Consumer Protection director Jessica Rich. Overstating the accuracy of the devices was deceptiveand dangerous.

Breathometer has yet to comment publicly on the FTC settlement. The company is currently concentrating on developing and marketing Mint, a wireless device and mobile app for monitoring dental and oral care, the company says.

Breathometer was founded in 2012. About 50% of the companys initial seed funding of $2 million came from Shark Tank hosts, including billionaire Mark Cuban, Breathometer says.

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