The FTC charged that the company knew the product frequently underreported BAC levels and knowingly made false marketing claims of accuracy.

[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.

[16][17][18] 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][19][20][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.

[21] The company pivoted transforming its technology into a new product to measure bad breath and oral health, called Mint.