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Court Slaps Exotic Lightning Rod Vendors Decision Prohibits False Claims of Enhanced ProtectionA Federal Judge in Arizona has ruled that two sellers of exotic lightning protection systems, called “Early Streamer Emission” or ESE lightning rods, engaged in false advertising practices to sell their products. In its September 13, 2005 Order the Court found, “claims that ESE products provide a measurable zone of protection and protect against lightning strikes in open spaces are not supported by tests sufficiently reliable to support those claims and are “literally false” under the Lanham Act.” The Court then issued a permanent injunction prohibiting such advertisements. For decades, Heary Brothers Lightning Protection / Lightning Preventor of America based in Springville, New York and National Lightning Protection Corporation of Denver, Colorado aggressively promoted their flying saucer shaped gadgets as a major advancement in lightning protection technology. ESE systems would typically employ just one exotic lightning rod instead of the tens or even hundreds of rods required by normal lightning protection practices. ESE vendors can no longer falsely claim that a single ESE device, which measures about a foot in diameter and is mounted atop a pole, protects acres of property from lightning damage. Over the years ESE systems were installed on homes, government properties, airports, schools, hospitals and even major league football and baseball stadiums. “Many of these systems were purchased and installed, under the mistaken belief they made it safe for people to remain outside during a thunderstorm,” points out Lightning Safety Alliance spokesman, John Kennelly. “Shockingly, these systems were sold to golf courses and recreation areas. Relying on these systems could have catastrophic results.” It is unclear what recourse purchasers of ESE systems may have in light of this ruling. “Unfortunately, in many cases, retrofitting these facilities with real lightning protection systems that meet national standards will be difficult,” points out Mark Morgan, President of East Coast Lightning Equipment. The full text of the various Court Orders can be viewed on-line at the Arizona District Court website: Opinions of the U.S. District Court of Arizona or by visiting |
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