Boost Oxygen Ordered to Pay $413,000 for False Advertising relating to “Recreational Oxygen” Products

By Agencies
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District Attorney Erik Nasarenko announced today that Boost Oxygen, LLC, a Connecticut-based company, entered a stipulated judgment and will pay $413,000 in penalties and investigative costs to settle a civil lawsuit brought by multiple district attorney’s offices.

The lawsuit alleged violations of the California Unfair Competition Law, Business & Professions Code § 17200, and the California False Advertising Law, Business & Professions Code § 17500. Boost sells recreational oxygen canisters online and in brick-and-mortar stores. The company previously advertised that its products could alleviate physical ailments such as altitude sickness. An investigation showed that many of Boost’s claims were false or unsupported by evidence.

“We are committed to ensuring that every company doing business with Ventura County residents is honest about its products and the limitations of those products,” District Attorney Nasarenko said. “False advertising of this nature not only harms consumers but other businesses that are truthful in their advertising.”

The stipulated judgment, entered in the Ventura County Superior Court, requires Boost to pay $330,000 in civil penalties and $83,000 in costs. It also prohibits Boost from making claims that its product can treat or assist in the cure of the following conditions:

• Acute mountain sickness, altitude sickness, or any related medical illness;

• Illness resulting from smoke inhalation or air pollution;

• Allergies or allergic reactions;

• Shortness of breath related to the flu, respiratory viruses, and COVID-19; or

• An individual’s ability to drive at night or long distances.

Boost Oxygen cooperated with the investigation, which was conducted jointly by the Consumer Protection Units of the Ventura, Santa Barbara, and Monterey County District Attorney’s Offices.