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Breathometer

Breathometer, Inc. was an American technology company founded in 2012 by serial entrepreneur Charles Michael Yim in Burlingame, California, that developed portable, smartphone-connected breath analysis devices primarily for estimating blood alcohol content (BAC) and later for health monitoring such as oral hygiene and hydration levels.^[1]^[2]^[3] The company's flagship product, the Breathometer, launched as the world's first multifunction smartphone breathalyzer, combining a compact keychain device with a mobile app to provide BAC readings and promote responsible drinking.^[4]^[5] In 2013, Breathometer made history on the ABC reality show Shark Tank by securing a $1 million investment from all five sharks—Mark Cuban, Kevin O'Leary, Daymond John, Lori Greiner, and Robert Herjavec—for 30% equity, marking the first such unanimous deal in the show's history.^[5]^[6] The company raised approximately $5 million in funding across seed, series A, and crowdfunding 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 bad breath and oral health issues.^[7]^[8] However, Breathometer faced significant controversy in 2017 when the Federal Trade Commission (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.^[3]^[9] As part of the FTC settlement, Breathometer agreed to a permanent injunction barring unsubstantiated accuracy claims for future breathalyzer products, notify all customers of the issues, and provide full refunds—totaling over $5 million—for its Original and Breeze devices, leading to a product recall and substantial financial strain.^[3]^[10] Despite pivoting to non-BAC applications like the Mint oral health monitor, the company ceased operations on January 3, 2019, and is now defunct.^[1]^[8]

Founding and Early History

Establishment and Initial Funding

Breathometer was founded in September 2012 by serial entrepreneur Charles Michael Yim in Burlingame, California, with the goal of developing portable breathalyzers that integrate with smartphones to enable personal monitoring of blood alcohol content (BAC).^[11]^[1] 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.^[12] The company was formally incorporated in California later that year, establishing its legal foundation as Breathometer, Inc., to pursue this innovative hardware-software combination.^[13] 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 iOS and Android that would analyze breath samples and estimate BAC levels. This device employed semiconductor sensor technology, which detects alcohol through changes in electrical conductivity when exposed to ethanol vapors, offering a cost-effective alternative to traditional law enforcement-grade equipment.^[14]^[15] Early development focused on ensuring the sensor'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.^[16] To validate market demand and fund prototype refinement and initial manufacturing, Breathometer launched a crowdfunding campaign on Indiegogo 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.^[17] 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 Shark Tank appearance.^[18] Among early milestones, Breathometer pursued intellectual property protection, with Yim filing key patent applications in June 2013 for systems and methods related to the breathalyzer's smartphone integration and event-responsive functionalities. These filings underscored the company's commitment to securing its core technology ahead of broader commercialization efforts.^[19]

Shark Tank Appearance and Investments

In September 2013, Breathometer founder Charles Yim pitched his portable smartphone-connected breathalyzer on Season 5, Episode 2 of Shark Tank, which aired on September 27.^[20] Yim, a serial entrepreneur from Silicon Valley with prior startups including Chatterfly, sought $250,000 for 10% equity, emphasizing the device's keychain-sized portability and companion app that provided instant blood alcohol content (BAC) readings along with features like alerts and one-touch integration for summoning rides.^[21]^[22]^[5] This pitch followed Breathometer's successful Indiegogo crowdfunding campaign earlier that year, which raised over $138,000—more than five times its goal—to prototype the device.^[17] 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 Mark Cuban with participation from Robert Herjavec, Kevin O'Leary, Daymond John, and Lori Greiner, valuing the company at around $3.3 million post-investment and standing out as one of the show's largest commitments at the time.^[5]^[23]^[24] The investment fueled Breathometer's rapid expansion, enabling scaled manufacturing in China, enhancements to the mobile app for improved user interface and data tracking, and aggressive marketing campaigns that capitalized on the TV exposure.^[25] By late 2013, the device became available for retail purchase at major outlets including Best Buy and Amazon, broadening its distribution beyond direct online sales.^[26] 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 safety tech.^[25]^[27]

Products

Breathometer Breathalyzer

The Breathometer breathalyzer was a compact, portable device designed to estimate blood alcohol content (BAC) for personal use by connecting to compatible smartphones. The original model, launched in late 2013, featured a small dongle (approximately 67mm x 34mm x 17mm) that plugged directly into the 3.5mm audio jack of select iOS and Android devices, such as iPhone 4S 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 ethanol in the breath, and the app processed the signal to provide a BAC reading ranging from 0.00% to 0.20%.^[28]^[16]^[29] 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 Uber for ride options or nearby hotels if readings exceeded thresholds. The device was powered by a single AAA battery, 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.^[30]^[31]^[32]^[33] In 2014, Breathometer introduced an upgraded version called Breeze, which shifted to a wireless Bluetooth Low Energy connection, eliminating the audio jack dependency and enabling compatibility with a broader range of iOS and Android smartphones. The Breeze adopted an electrochemical fuel cell 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 iOS 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.^[34]^[30]^[35]^[29] By 2016, the devices had generated significant consumer interest, contributing to the company's overall revenue growth through online and retail channels like Best Buy. 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.^[22]^[10]

Mint Oral Health Device

The Breathometer Mint was launched in September 2016 as a portable device designed to monitor oral health and hydration by measuring volatile sulfur compounds (VSCs) in users' breath, which are indicators of bad breath and potential issues like gum disease caused by anaerobic bacteria, as well as signs of oral dehydration.^[36]^[37]^[38] Unlike the company's earlier breathalyzer product focused on alcohol detection, Mint shifted emphasis to everyday oral hygiene and hydration assessment.^[39] 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.^[40] 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.^[40]^[36] 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.^[40] Priced at $99.99, Mint included disposable mouthpieces for hygienic use and required recharging via micro-USB.^[40]^[41] As a Class I FDA-cleared medical device, it offered consumers an accessible alternative to professional halimeters used in dental offices for VSC detection.^[40] 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.^[37] A key partnership with Philips Sonicare, announced in September 2016, lent credibility and integrated Mint into Philips' oral care ecosystem, bundling it with Sonicare electric toothbrushes and tongue care products to promote comprehensive breath management.^[39]^[42] This collaboration positioned Mint as part of a digitally connected system for tracking and improving breath quality alongside brushing routines.^[43] Mint saw initial direct-to-consumer sales via its website and pre-orders starting in mid-2016, with retail availability through partners like Best Buy and the Philips bundle enhancing distribution.^[40]^[44] Early reception highlighted its novelty as an at-home tool for proactive oral hygiene, 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.^[45]^[46]

Controversies and Shutdown

FTC Investigation and Complaint

In January 2017, the Federal Trade Commission (FTC) 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.^[26] 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 injunction and equitable relief.^[3] 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."^[26] 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.^[3] 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.^[26] 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 humidity and temperature, without reliable field recalibration options.^[26] 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.^[26] Independent assessments further confirmed the devices' failure to meet claimed standards, with limited testing primarily at low BAC levels like 0.02%.^[3] 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 false advertising.^[26] The allegations highlighted substantial consumer injury risks, as inaccurate BAC readings could lead individuals to drive while impaired, endangering public safety.^[3]

Settlement and Customer Refunds

In January 2017, Breathometer, Inc., and its CEO Charles Michael Yim reached a settlement with the Federal Trade Commission (FTC) to resolve allegations that the company had made unsubstantiated claims about the accuracy of its smartphone-connected breathalyzer devices.^[3] 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 scientific evidence, such as testing that demonstrates accuracy within ±0.005 blood alcohol concentration under various conditions.^[47] 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.^[47] 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.^[3] 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.^[3] 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.^[9] 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.^[47] 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.^[3]

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.^[1]^[22] The financial repercussions proved devastating, rendering the company insolvent after issuing approximately $5.1 million in refunds to cover sales of its breathalyzer devices.^[3] 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.^[48]^[22] 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.^[3]^[48] Investor Mark Cuban, who provided $500,000 of the $1 million Shark Tank funding, publicly described Breathometer as his worst investment on the show during 2022 interviews, attributing the failure to poor execution by the team, including misplaced priorities like excessive travel spending over product improvements.^[5]^[22] 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.^[49]^[50] No revival efforts for the company or its products have been reported as of 2025.^[48]

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Breathometer, founded in 2012, developed a portable breath-analyzing device to detect hydration levels, but is now out of business.
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