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Breathometer
Breathometer
Breathometer
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Breathometer
InventorCharles Michael Yim
Inception2013
ManufacturerBreathometer
AvailableNo
Websitewww.breathometer.com

Breathometer was a device that claimed to measure someone's blood alcohol content (like a Breathalyzer) using their iOS and Android smartphones.[1] However, the app proved unreliable, and was shut down by the Federal Trade Commission.[2]

Company history

[edit]

Breathometer was founded in 2012 by Charles Michael Yim, a serial entrepreneur who had earlier founded three startup companies including Chatterfly, a mobile loyalty platform for businesses that was acquired by Plum District in December 2011.[3][4][5][6] Yim noted that there were no commercial breathalyzers for the smartphone market, and the only portable breathalyzers commercially available were both expensive and impractical for users to take with them on a night out.[1][7]

The company was partly funded through preorders collected via an Indiegogo crowd-sourcing campaign, which ran until April 2013.[1][8][9] The campaign's original goal was to raise $25,000, but by the time it closed, it had raised over $138,000.[10][11]

In September 2013, Yim appeared on Shark Tank. He originally asked for $250,000 for a 10% stake in Breathometer, but all five "sharks" ended up investing a total of $1 million for a collective 30% stake in the company.[12][13][14]

Controversy

[edit]

FTC complaint and product refunds

[edit]

In 2017, an inquiry by the FTC resulted in a settlement with the company. The FTC charged that the company knew the product frequently underreported BAC levels and knowingly made false marketing claims of accuracy.[15][16] The app was shut down and customers were required to be notified and offered full refunds. According to the complaint, sales of Original and Breeze totaled $5.1 million.[2] Following the FTC controversy, Mark Cuban called Breathometer the "worst execution" in the history of Shark Tank, blaming the founder's mismanagement of funds and being perceived to go on expensive vacations rather than working.[17][18][19]

Products

[edit]

The Breathometer

[edit]

The Breathometer was a small device that plugged into the audio jack of a smartphone, coupled with a dedicated app that reads the user's blood alcohol content (BAC).[8][20][21][9] The app utilized the smartphone to provide the processing power, which allowed the device to be small enough to fit on a standard keychain.[8][20] If the user's BAC level was over the legal limit, the app displayed one-click calls to local taxi services, friends from contact lists living close by, or local hotels.[7][21]

Sample beta units were handed out at the 2013 SXSW in Austin, Texas.[7] The app was shut down in 2017 as the result of a settlement with the FTC.[22]

Mint

[edit]

The company pivoted transforming its technology into a new product to measure bad breath and oral health, called Mint.[23] Breathometer released the Mint in September 2016. Sensors in the device measured sulfur compounds associated with bad breath and that scientists associate with periodontitis aka gum disease.[24] The company partnered with Philips to bundle the Mint with Sonicare oral health products.[25] As of 2021, the Mint is no longer available on its site or Amazon.[26][27]

References

[edit]

Further reading

[edit]
[edit]
Revisions and contributorsEdit on WikipediaRead on Wikipedia

Breathometer

View on Grokipedia
from Grokipedia
Breathometer, Inc. was an American technology company founded in 2012 by serial entrepreneur Charles Michael Yim in , that developed portable, smartphone-connected breath analysis devices primarily for estimating (BAC) and later for health monitoring such as and hydration levels. The company's flagship product, the Breathometer, launched as the world's first multifunction , combining a compact device with a mobile app to provide BAC readings and promote responsible drinking. In 2013, Breathometer made history on the ABC reality show by securing a $1 million investment from all five sharks—, , , , and —for 30% equity, marking the first such unanimous deal in the show's history. The company raised approximately $5 million in funding across seed, series A, and rounds, projecting revenues of nearly $20 million by 2015 through sales of the original Breathometer and follow-up products like the Breathometer Breeze and Mint, a device for detecting and oral health issues. However, Breathometer faced significant controversy in 2017 when the (FTC) filed charges against the company for misleading advertising claims about the accuracy of its BAC-measuring devices, which internal testing had shown to be unreliable for law enforcement or critical decision-making purposes. As part of the FTC settlement, Breathometer agreed to a permanent barring unsubstantiated accuracy claims for future products, notify all customers of the issues, and provide full refunds—totaling over $5 million—for its Original and Breeze devices, leading to a and substantial financial strain. Despite pivoting to non-BAC applications like the Mint oral health monitor, the company ceased operations on January 3, 2019, and is now defunct.

Founding and Early History

Establishment and Initial Funding

Breathometer was founded in September 2012 by serial entrepreneur Charles Michael Yim in , with the goal of developing portable breathalyzers that integrate with smartphones to enable personal monitoring of (BAC). Yim, who had previously launched multiple startups in the technology sector including Chatterfly, envisioned a solution that would promote safer decision-making around alcohol consumption by leveraging mobile devices already in widespread use. The company was formally incorporated in later that year, establishing its legal foundation as Breathometer, Inc., to pursue this innovative hardware-software combination. The initial product concept centered on a compact, keychain-sized device designed to plug directly into a smartphone's audio jack, paired with a free companion app for and Android that would analyze breath samples and estimate BAC levels. This device employed sensor technology, which detects alcohol through changes in electrical conductivity when exposed to vapors, offering a cost-effective alternative to traditional law enforcement-grade equipment. Early development focused on ensuring the 's integration with the smartphone via the audio jack to transmit data from the built-in sensor, aiming for quick, user-friendly readings without the need for bulky standalone units. To validate market demand and fund prototype refinement and initial manufacturing, Breathometer launched a campaign on on March 13, 2013, seeking $25,000 in preorders. The campaign exceeded expectations, raising $138,437 from 3,651 backers by its close on April 13, 2013, demonstrating strong consumer interest in accessible personal breath analysis tools. This success provided crucial capital for scaling production and highlighted the product's potential, paving the way for further investment opportunities such as the upcoming appearance. Among early milestones, Breathometer pursued intellectual property protection, with Yim filing key applications in June 2013 for systems and methods related to the 's smartphone integration and event-responsive functionalities. These filings underscored the company's commitment to securing its core technology ahead of broader commercialization efforts.

Shark Tank Appearance and Investments

In September 2013, Breathometer founder Charles Yim pitched his portable smartphone-connected on Season 5, Episode 2 of , which aired on September 27. Yim, a serial entrepreneur from with prior startups including Chatterfly, sought $250,000 for 10% equity, emphasizing the device's keychain-sized portability and companion app that provided instant (BAC) readings along with features like alerts and one-touch integration for summoning rides. This pitch followed Breathometer's successful campaign earlier that year, which raised over $138,000—more than five times its goal—to prototype the device. The episode generated significant media buzz for Breathometer, marking one of the rare instances where all five sharks invested jointly. Yim secured a $1 million deal for 30% equity, led by with participation from , , , and , valuing the company at around $3.3 million post-investment and standing out as one of the show's largest commitments at the time. The investment fueled Breathometer's rapid expansion, enabling scaled manufacturing in , enhancements to the for improved and data tracking, and aggressive campaigns that capitalized on the TV exposure. By late , the device became available for retail purchase at major outlets including and Amazon, broadening its distribution beyond direct online sales. Early sales surged in the wake of the episode, reaching $1 million within months and exceeding $5 million overall by 2015, driven by heightened consumer interest in personal health and tech.

Products

Breathometer Breathalyzer

The Breathometer was a compact, portable device designed to estimate (BAC) for personal use by connecting to compatible smartphones. The original model, launched in late 2013, featured a small (approximately 67mm x 34mm x 17mm) that plugged directly into the 3.5mm audio jack of select and Android devices, such as through 6 and various Android models running OS versions 2.3 and above. Users would open the companion Breathometer app, initiate a test, and blow gently into the device's mouthpiece for about five seconds; the semiconductor sensor detected in the breath, and the app processed the signal to provide a BAC reading ranging from 0.00% to 0.20%. Key features of the Breathometer included its integration with a free mobile app that not only estimated BAC but also tracked drinking history over time, set customizable legal limit alerts, and offered practical suggestions for safe alternatives, such as integrating with services like for ride options or nearby hotels if readings exceeded thresholds. The device was powered by a single , supporting around 75 tests per battery, and was marketed as a tool for responsible social drinking rather than professional or law enforcement applications, emphasizing ease of use with calibration required every 250 tests. Priced at $49.99 for the initial unit, it did not use disposable components, though refills were unnecessary due to the reusable sensor design. In , Breathometer introduced an upgraded version called Breeze, which shifted to a wireless connection, eliminating the audio jack dependency and enabling compatibility with a broader range of and Android smartphones. The Breeze adopted an electrochemical sensor for enhanced sensitivity, similar to those used in professional devices, and featured a wearable clip-on design (2.3 x 1.9 x 0.6 inches) with a built-in mouthpiece cover for hygiene. It maintained the core app functionalities while adding HealthKit integration for users to log BAC data alongside health metrics, and it retailed for $99.99 with a coin cell battery supporting 16-18 months of daily use. This model was positioned for everyday personal monitoring to promote safer decision-making around alcohol consumption. By 2016, the devices had generated significant consumer interest, contributing to the company's overall revenue growth through online and retail channels like . Intended primarily for individual users seeking to monitor their own BAC for non-legal purposes, the Breathometer emphasized portability and app-driven insights over evidential accuracy.

Mint Oral Health Device

The Breathometer Mint was launched in September 2016 as a portable device designed to monitor and hydration by measuring volatile compounds (VSCs) in users' breath, which are indicators of and potential issues like gum disease caused by anaerobic bacteria, as well as signs of . Unlike the company's earlier product focused on alcohol detection, Mint shifted emphasis to everyday and hydration assessment. The device features a compact, pocket-sized design resembling a large mint tin, equipped with electrochemical sensors that analyze breath samples for VSCs and hydration indicators. It connects wirelessly to a companion smartphone app via Bluetooth for iOS and Android devices, where users close their mouth for about 30 seconds to allow gas buildup, then insert the device with a removable mouthpiece into the mouth, where it automatically draws an air sample. The app then processes the data to deliver an instant oral health score graded from A to F, along with hydration status and personalized tips for improvement, such as brushing or flossing reminders, hydration recommendations, and progress tracking over programs like one-week explorations or six-month monitoring plans. Priced at $99.99, Mint included disposable mouthpieces for hygienic use and required recharging via micro-USB. As a Class I FDA-cleared medical device, it offered consumers an accessible alternative to professional halimeters used in dental offices for VSC detection. Development of Mint built on Breathometer's expertise in breath analysis technology, pivoting from alcohol testing to oral health and hydration through enhanced sensor arrays for VSC and dehydration specificity. A key partnership with Philips Sonicare, announced in September 2016, lent credibility and integrated Mint into Philips' oral care ecosystem, bundling it with electric toothbrushes and tongue care products to promote comprehensive breath management. This collaboration positioned Mint as part of a digitally connected system for tracking and improving breath quality alongside brushing routines. Mint saw initial direct-to-consumer sales via its website and pre-orders starting in mid-2016, with retail availability through partners like and the Philips bundle enhancing distribution. Early reception highlighted its novelty as an at-home tool for proactive , though long-term availability was curtailed after 2017 amid Breathometer's operational challenges, limiting its market impact despite the innovative consumer-grade approach to VSC and hydration monitoring.

Controversies and Shutdown

FTC Investigation and Complaint

In January 2017, the filed a complaint against Breathometer, Inc. and its founder, Charles Michael Yim, in the U.S. District Court for the Northern District of California, alleging deceptive advertising practices related to the company's smartphone-connected breathalyzer devices. The investigation stemmed from concerns over unsubstantiated claims about the devices' ability to accurately measure blood alcohol concentration (BAC), prompting the FTC to pursue a permanent and equitable . The complaint specifically accused Breathometer of falsely representing the accuracy of its Original and Breeze models, marketed as providing precise BAC readings comparable to law enforcement-grade breathalyzers and backed by "government-lab grade testing." Advertisements claimed the Original device measured BAC from 0.00% to 0.20% and the Breeze from 0.000% to 0.250%, positioning them as reliable tools for determining safe driving conditions. However, the FTC alleged these representations were unsubstantiated, as the devices overstated their precision and were prone to errors, particularly at low and high BAC levels, and were affected by mouth alcohol interference. Evidence cited in the complaint included internal testing that revealed significant inaccuracies, such as the Breeze model's tendency to understate BAC levels (e.g., drifting from 0.080% to 0.060% over repeated tests) and sensitivity to environmental factors like and , without reliable field recalibration options. Beta testers had warned the company of unreliable readings as early as 2013 for the Original and late 2014 for the Breeze, yet Breathometer ignored these issues, continued marketing the devices, and only partially notified consumers in mid-2016 after FTC urging. Independent assessments further confirmed the devices' failure to meet claimed standards, with limited testing primarily at low BAC levels like 0.02%. These practices generated approximately $5.1 million in sales from the Original ($3.1 million) and Breeze ($2 million) devices by March 2016, in violation of Section 5 of the FTC Act, which prohibits deceptive acts or practices and . The allegations highlighted substantial consumer injury risks, as inaccurate BAC readings could lead individuals to drive while impaired, endangering public safety.

Settlement and Customer Refunds

In January 2017, Breathometer, Inc., and its CEO Charles Michael Yim reached a settlement with the (FTC) to resolve allegations that the company had made unsubstantiated claims about the accuracy of its smartphone-connected devices. The agreement, filed in the U.S. District Court for the Northern District of California, prohibited Breathometer from making any future representations about the accuracy or efficacy of alcohol-testing devices without competent and reliable , such as testing that demonstrates accuracy within ±0.005 blood alcohol concentration under various conditions. It also banned the company from selling or marketing such devices without prior validation and required the permanent disabling of the breathalyzer functionality in the Breathometer app, preventing any re-enabling of those features. To compensate affected consumers, the settlement mandated full refunds for all purchases of the Breathometer Original and Breeze devices, covering units sold between 2013 and early 2017 at up to $99.99 per unit. With total sales of these products reaching $5.1 million, the company was required to allocate funds from its assets to cover refunds, guaranteeing a minimum of $1 million in payouts while notifying all eligible buyers via email and website postings within specified timelines. Claim forms were made available online initially through the company's website, with processing handled to ensure refunds were issued within 90 days of submission; the FTC oversaw the redress program, resulting in payments to thousands of consumers who came forward. The FTC imposed ongoing compliance monitoring, requiring Breathometer to submit initial reports within 60 days, annual certifications for the first year, and notifications of any corporate changes for up to 10 years, along with access to records for audits. Operationally, the settlement prompted the immediate removal of the Breathometer app from major app stores, rendering the devices non-functional and ending all related support services.

Company Closure and Aftermath

Following the FTC settlement in January 2017, which required full refunds to consumers and the shutdown of the Breathometer app's breathalyzer functionality, the company faced mounting legal and financial pressures. Breathometer ceased operations and went out of business on January 3, 2019, with its assets liquidated to fulfill refund obligations, resulting in the layoffs of its remaining staff. The financial repercussions proved devastating, rendering the company insolvent after issuing approximately $5.1 million in refunds to cover sales of its devices. This exhaustion of resources prevented sustained production of the Mint oral health device, which became unavailable for purchase by 2021 and is no longer offered through any retail channels. Founder Charles Yim, who served as CEO during the FTC action, transitioned away from the company as it dissolved, later pursuing other entrepreneurial ventures as a serial founder. , who provided $500,000 of the $1 million funding, publicly described Breathometer as his worst investment on the show during interviews, attributing the failure to poor execution by the team, including misplaced priorities like excessive travel spending over product improvements. The Breathometer case underscored increased regulatory scrutiny by the FTC on crowdfunding-backed and media-promoted consumer tech gadgets, emphasizing the need for substantiated claims in advertising to avoid deceptive practices. No revival efforts for the company or its products have been reported as of 2025.

References

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  8. https://www.inc.com/graham-winfrey/shark-tank-s-breathometer-founder-launches-mint.html
  9. https://www.ftc.gov/legal-library/browse/cases-proceedings/162-3057-breathometer-inc
  10. https://techcrunch.com/2017/01/23/breathometer-ftc-settlement/
  11. https://www.linkedin.com/company/breathometer
  12. https://www.crunchbase.com/organization/breathometer
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  38. https://www.indiegogo.com/en/projects/charlesyim/breathometer-mint-for-smarter-oral-health
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  40. https://www.theverge.com/2016/11/19/13680544/breathometer-mint-breath-tester-cavities-gum-disease-oral-health
  41. https://the-gadgeteer.com/2016/10/25/breathometer-mint-review/
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  48. https://www.respiratorytherapyzone.com/breathometer/
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  50. https://www.crowdfundinsider.com/2017/01/95183-breathometer-raised-money-indiegogo-shark-tank-doesnt-work-now-ftc-forcing-refunds/
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