The Washington D.C. and Coeur d'Alene offices of U.S. Representative Helen Chenoweth (R-ID) are aware of the situation and have been working with OZ for several months on related but separate issues regarding Environmental Protection Agency (EPA) post-CFC era policy and its relationship to OZ.
MotorWeek also implied in the show that OZ's officers are dishonest, that they are smugglers and stated emphatically that HC-12a has been banned, is unsafe and is illegal.
By the end of July, OZ will also be filing a tort claim against the producers MotorWeek for damages resulting from the multiple, international broadcasts of the show. OZ claims that there is a preponderance of easily accessible public information available which proves that the statements made by MotorWeek are wholly inaccurate.
OZ Attorney Chuck Lempesis wrote a letter in demand of a retraction to Producer John H. Davis and Automotive Consultant Patrick Goss of MotorWeek, Maryland Public Television and the Public Broadcast System on May 13, 1998. The letter also demanded that MPT cease and desist any future airing of the show in question. Lempesis itemized the false and defamatory statements and indicated that his office would be happy to direct interested parties to credible references which accurately substantiate the legal status of HC-12a.
The MotorWeek segment also showed a "test" wherein a four-door sedan, allegedly containing HC-12a refrigerant, was sensationally blown up. Freeze-framing the tape shows that the fire began underneath the car. The sustained flames and resultant smoke were not consistent with a hydrocarbon ignition. "We believe, without a doubt, that the explosion portrayed was clearly a fabrication by you or others who provided you with the test footage for the express purpose of defaming and maligning the product, its manufacturer, its principles, agents and distributors," wrote Lempesis in the demand for retraction.
OZ attorneys, OZ officers and informed third parties who have viewed the MotorWeek "test" are immediately reminded of the hoax perpetrated by NBC when the courts ruled in favor of General Motors after it was learned that Dateline NBC purposefully disparaged the automaker by unscientifically blowing up a GMC truck with side-mounted gas tanks.
The official response to Lempesis' retraction demand was signed by Maryland Assistant Attorney General Susan Meoni and dated June 1, 1998. Meoni stated in her letter to Lempesis that, "Upon review of the segment described, consultation with the production staff and review of materials published by the U.S. Environmental Protection Agency regarding HC-12a(R), MPT stands behind the broadcast segment of the MotorWeek program."
Meoni concluded that, "No retraction will be made."
Meoni did mention that, "With respect to your cease and desist request, `MPT will not broadcast or distribute the segment.'"
The significance of the denial to air a full retraction of the statements which court records indicate are grossly inaccurate is that, according to Meoni, the denial is based upon "materials published by the U.S. Environmental Protection Agency" (EPA). In August, 1995, the EPA signed a Memorandum of Understanding (MOU) with OZ. The MOU stipulated that the EPA would no longer provide the public with false and misleading information.
"If the State of Maryland Attorney General can give us a written denial to air a retraction of statements based upon information published by the EPA, while the EPA's own comments in open court prove the statements to be absolutely false and defamatory, then the EPA is obviously in violation of its Memorandum of Understanding with OZ," said OZ President Gary Lindgren.
OZ Technology produces a hydrocarbon blend refrigerant that is designed to replace Freon which has been banned in the U.S. for its link to stratospheric ozone depletion. Although the EPA maintains that its concern regarding the use of HC-12a is the unproven safety of flammable refrigerants for use in motor vehicles, there has never been an incident of accident, injury or property damage reported from anywhere in the world that is attributable to the proper use of hydrocarbon blend refrigerants.
Hydrocarbon blends, which are used extensively throughout Europe and Asia, are safe, non-toxic, inexpensive, readily available, thermally efficient and environmentally friendly refrigerants.
"One would think that the EPA, with its $7 billion annual budget to administrate environmental protection in this country, would be interested in the widespread use of a safe, efficient and environmentally-friendly technology," commented Lindgren who has spent the last six years and nearly $3 million attempting to prove to the EPA that his product is safe.
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