FACTORY RECALLS & NEED for XRF FIELD INSPECTIONS
(Updated December
14, 2009)
Dear GFX Owner:
1.
We would like to thank you for selecting Gravity
Film Heat Exchanger (“GFX”) products to conserve energy and help
in the fight against Global Warming and Climate Change. At WaterFilm Energy
Inc. (“WFE”), we take pride in our products and are committed to
your continued satisfaction and peace of mind that every GFX manufactured under
a WFE-License, or sold via The GFX Store, is made with copper approved for use
with potable water -- unless the customer specifies otherwise.
2.
For potable water applications, every GFX must be
made with a copper coil conforming to ASTM B88 Specifications wrapped around a copper drainpipe made to ASTM B306
Specifications, with permanent incise marks as proof. These
are among the many types of copper
tubing that cannot be used for drinking or cooking that only
educated consumers will know to avoid.
3.
But in
early September of 2009 troublesome consumer comments were discovered on three
websites; a few of which are quoted in footnotes ##[1], [2],
[3]
& [4];
complaining fake, unsafe GFX’s (“knockoffs”) were sold with fraudulent UL
labels, e.g.: “Purchased this and found out the building inspector
refused to authorize it. Something to do with the fact the UL certification is
not applicable to potable water and since the device does not have ASTMB88
stamped on its copper, it was not considered safe for potable water.”
& “You did purchase a couple
of 2” units in which we used copper that was not ASTM B88 but ACR.”
·
Type ACR is unsafe, yet neither Intertek nor
Watercycles notified WFE that a recall was issued for these “2” units”
(as of 12/12/09).
·
Nor has UL, although such products should have been
recalled by now; given WFE’s first Complaint to the U.S.
Consumer Product Safety Commission (CPSC #H0990104A) was
filed September 10, 2009, followed by others dated September 15th
& 18th 2009 to Intertek & UL.
4.
The footnotes also reveal Home Depot was informed
that some knockoffs pose serious health threats because they may contain toxic
copper that cannot be certified safe for drinking water by NSF to NSF/ANSI
Standard 61. Are they not aware the CPSC relies on X-Ray
Fluorescence (XRF) instruments like those described @ www.niton.com
to measure toxicity and protect consumers?.
5.
Unlike UL, which has not prosecuted or revoked
Renewability Energy’s privilege to use their CULUS
Mark, Intertek
revoked Watercycles
Energy Recovery Inc.’s privilege to used their CETLUS safety-certification
mark, effective October 8, 2009 -- but as of December 11, 2009 has not issued
recalls or notified consumers whether or not Watercycles shipped units safe for
use with potable water -- even after its President admitted importing copper
tubing from Mueller Streamline
having no permanent NSF-61
Incise Marks or third-party certification marks like Intertek’s Warnock-Hersey
Mark. He also
admitted using ACR tubing, which cannot be certified for use with drinking
water. (See email excerpts in Footnote #4)
6.
Based on other comments quoted in the footnotes,
consumers will have to take matters in their own hands by demanding that local
plumbing inspectors, CPSC, Health Canada, UL, Intertek, IAPMO,
NSF-International,
and/or ANSI, provide an X-Ray Fluorescence ((XRF)
analysis of all copper products in their house that are used for potable water
because of the likelihood that incise marks, if legible, are counterfeits.
7.
An XRF analysis using a Thermo Scientific
analyzer, for example, allows “nearly instantaneous
elemental analysis” to determine whether or not any copper product is
toxic --- something UL, Intertek, Home Depot and others should have done to
protect consumers; given
the glut of toxic building products and toys being imported from Asia &
Mexico.
·
According to officials at the Copper
Development Association & Canadian Copper and Brass Development Association, counterfeiting incise marks on unsafe copper smuggled
into North America is a serious problem.
8.
In
August of 2008, the CPSC released an XRF-Report finding: (a) For
plastics and polymers, XRF is effective for testing for lead; (b) XRF has the
potential to be effective for testing paints for lead, but standard reference
materials and methods need to be developed & (c) Based on these findings and
the fast approaching February 10, 2010 deadlines for businesses to conduct
third-party certification tests, the CPSC staff and commissioners have begun
disseminating and discussing how XRF can be used more broadly.
9.
Products
that should be tested or recalled by CPSC, Health
Canada, UL,
Intertek, IAPMO and/or any manufacturer that sold unsafe copper products such
as solar water heaters, indirect water heaters, heat exchangers and knockoffs
under the name Power-Pipe (formerly known as GFX), ECOGFX, GFX-Lite, GFX-LC
(possibly Thermodrain).
10.
If
such knockoffs have CULUS, CETLUS, IAPMO labels like
those shown @ www.gfxtechnology.com/ULP.pdf,
or were installed pursuant to this fraudulent FCCI
letter dated May 3, 2005, they must be recalled. The latter was written on
behalf of Fuel Cells and Components, Inc. (FCCI), its subsidiaries Technapulse,
LLC & Star Assembly Group LLC. Their Canadian Rep, Daniel Beauchemin (a
former WFE-Rep) is Founder/President of EcoInnovation (a/k/a Inventroment)
according to House_Hacker
Comment #5 (8/26/09).
It disputes Comment #4, posted January 26, 2007 by another former WFE-Rep
(Gerald Van Decker); both failing to address key safety issues underlying the
following misleading statement by Van Decker:
·
“Furthermore, the copper used in
the Power-Pipe is 100% approved and 100% safe. Our copper coil is sourced from
2 North American fabricators. Wolverine tube is one of the largest fabricators
in North America; in their London, Ontario facility they use some pure recycled
content. Our other supplier uses pure mined copper stock. These are the only
two fabricators that I know of in the US and Canada. I appreciate that their
might be issues with copper tube from overseas where there might not be strict
quality control.” [100% approved by which
accredited third-party certifier?]
11.
Both
VanDecker and Beauchemin also failed to mention other copper-tube manufacturers
such a Cerro, Cambridge Lee, Mueller Streamline, CMC Howell -- or Mexican
suppliers that are not overseas
and been known to dump uncertified and/or toxic copper tubing on consumer
markets. Beauchemin also neglected to mention his ECO-GFX’s were made in the
U.S. then smuggled into Canada with no third-party or NSF-61 certification,
then alleged:
·
“You did not develop the
Powerpipe because of complaints from customers due to pressure drops.
EcoInnovation continues to sell, install and manufacture these same Eco-GFX
units for the past 5 years and have yet to receive one complaint about pressure
drops. These same units have been in service for over 27 years, none of which
have had any issues you mention.”
Beauchemin’s 5 & 27 years claims are belied by this 1986 U.S. DoE Report & invoices dated
2007 & 2008 on pp. 5-9 @ http://gfxtechnology.com/STAR.pdf;
that show his knockoffs were made in America by Technapulse & Star Assembly
Group.
12.
To
assist UL’s and Intertek’s fraud investigators, a series of photographs of
GFX’s made by different manufacturers were compiled and uploaded to www.gfxtechnology.com/ULP.pdf. This led to
a surprising discovery -- more than one unscrupulous manufacturer, including
Doucette Industries, Renewability Energy, FCCI/Technapulse/StarAssembly,
Watercycles, Vaughn, EcoInnovation, Inventroment and others made knockoffs with
substandard and/or toxic copper that must be XRF-tested and/or recalled to protect
consumers.
·
An unknown number have counterfeit UL,
ETL & IAPMO labels.
13.
Canadian
health codes require all copper tubing used with potable water be third-party
certified, whereas a GFX sold in the U.S. must be made from NSF-61 certified
copper, but need not be third-party certified.
14.
Therefore,
product-labels having a “CETLUS” or “CULUS” Mark cannot be affixed to
any copper product unless it was made from copper tubing having incise marks to
verify both NSF-61 & third-party certifications.
15.
Unless
a GFX’s coil & drainpipe have legible color codes and/or permanent incise
marks like those described in ASTM B88
§19, ASTM B306
§22 & NSF-61 specifications,
or a third-party certification, it’s impossible for consumers, plumbing
inspectors and salesmen to tell if it’s safe without an XRF analyzer ---
especially since UL has allowed counterfeit labels like those shown @ www.gfxtechnology.com/UL-File-Conversion.pdf
& www.gfxtechnology.com/Exporting-America.pdf
to be affixed to hundreds of knockoffs.
·
If there’s no specified color-coding
and/or incise marks or other certification; such product-labels are
counterfeits.
16.
When
Vaughn, Doucette, FCCI & Watercycles were authorized to be WFE’s
manufacturers, we made sure they used copper parts conforming to ASTM B88 &
ASTM B360 standards.
17.
But
Mueller Streamline also sells large copper coils by the pound –
including grades unfit for drinking water -- so it’s cheaper to make
GFX-knockoffs with lighter, thin-wall and/or utility-grade copper tubing --- if
UL, Intertek, or IAPMO field agents fail to do their job to protect the public
against unscrupulous manufacturers. (For two examples, see invoices on pp. 3
& 4 @ http://gfxtechnology.com/STAR.pdf.)
·
They must all be replaced at the
manufacturer’s expense.
12.
What’s the difference between Canadian versions of: ECO-GFX, GFX-LITE,
Power-Pipe, GFX-STAR & The Original GFX?
● Unlike a few legitimate gravity film heat
exchangers on the market, ECO-GFX,
GFX-LITE, Power-Pipe & GFX-STAR
embody trade secrets stolen by former GFX Reps in violation of non-disclosure
agreements and marketed in violation of rarely enforced laws prohibiting
intellectual property (IP) theft, such as: Copyright Infringement, Trademark Infringement, Trade Secret Theft & Passing-Off one well known product for
another to deceive consumers.
13. Have ECO-GFX
& GFX-LITE products been sold with
fraudulent labels having the registered ETL®
Trademark?
● Yes, otherwise Intertek
wouldn’t have delisted Watercycles, as noted above -- after inspecting three
returned Lo-Copper GFX’s.
14. Why haven’t Intellectual Property
(IP) Thieves been prosecuted?
● Economic-Espionage wouldn’t pay so well absent corrupt prosecutors,
code enforcers, government & utility officials, as discussed in these
stories: 2000
EDU & 2004 NY Times.
15. Why would Home Depot sell GFX knockoffs made by
Canadian IP-thieves and market them in violation of the Lanham Act?
● Crime pays when no government agency enforces the law, as Bernard
Madoff’s victims discovered.
16. Why would Canadian Government
officials approve a 2006
Report by Charles Zaloum, et al that proved the original GFX
design is superior to every Canadian-Knockoff --- then approve a 2007 Report by Zaloum et al that
contradicts it?
● Because Canadian & American officials rarely prosecute government
employees engaged in Scientific Misconduct.
17. Why would the 1997 issue of Home Energy Magazine feature a Canadian
invention (Drain Gain) and the Original GFX then fail to reference this issue
in their April 4, 2008 article entitled: Stop Energy Going Down the Drain, by
one of their editors (Jim
Gunshinan)?
● Plagiarism, trademark & copyright infringement probably help
magazine sales & advertising revenue from foes of Green products.
18. How could Gunshinan miss the Rocky Mountain Institute’s Home Energy Brief #5,
which compares the performance of several types of water heating systems with
& without a GFX?
● It seems today’s Home Energy Magazine now has a hidden, not-so-Green
agenda.
19. Does the following referral by
Gunshinan suggest a scheme to deceive the public: “Here are some Web
sites where you can find out more about DWHR devices that were submitted for
testing at the Canadian Centre for Housing Technology: Power Pipe www.renewability.com ECO-GFX www.gfxstar.ca
Retherm www.retherm.com”?
● Gunshinan knew or should have known what Zaloum knew no such product
called “ECO-GFX” existed in 2006 and that two GFX models were
also tested – 4 years after an Original GFX was tested in the Canadian Centre for Housing Technology.
20. How could Gunshinan and his
Publisher (Tom White) fail to notice the Watercycles unit shown in Fig. 12 in
NRCan’s 2007
Report is missing from the first figures of Gunshinan’s
online version, as well as the printed version entitled: “Drain Water
Heat Recovery Devices” by ● Charles Zaloum, Maxine LeFrance, and
John Gusdorf (Home Energy Magazine, May/June 2008)?
Zaloum, LeFrance & Gusdorf wrote the 2007
Report; Zaloum, Gusdorf & Anil Parekh wrote said 2006 Report, so they knew Home Energy
published fraudulent photos too.
21. Why would the Oregon
Energy Office give higher tax credits for fake GFX’s made
with toxic and/or substandard copper and offering lower efficiency than a real
GFX?
● Ask the Oregon State Attorney General (503-947-4333) why tax-dollars
are being wasted to enrich Canadian IP-thieves.
[1]
Conservationmart
advertises: “Power-Pipe™
(formerly known as GFX) is made of up two main parts: (1) outer coils (made up
of one or two copper tubes) that are tightly wrapped around a (2) larger, inner
copper pipe. These two parts, which make up the Power-Pipe™, replace part of
your existing vertical drainage pipe (inner pipe) and become part of your fresh
water supply line (outer coils).”... On 8/26/09 an anonymous user complained:
“Purchased this and found out the building inspector refused to authorize it.
Something to do with the fact the UL certification is not applicable to potable
water and since the device does not have ASTMB88 stamped on its copper, it was
not considered safe for potable water.” (Quotes from: Conservation
Mart Comments; post new comment @ http://www.conservationmart.com/p-714-power-pipe-drain-water-heat-recovery.aspx)
[2] On 3/29/06 James Darwin complained: "The Powerpipe is an illegal copy of the original GFX. The Powerpipe also uses recycled copper that is not recommended for potable water by the US and Canadian copper association due to contamination." … “The posted results on the renewability (POWERPIPE) websites are false. The testing at Natural Resources Canada show that these numbers are far from the truth. Heat recovery from a Powerpipe is 30-35% while the GFX is 40 to 50% as posted on the WWW.GFXSTAR.CA website. BUYER BEWARE OF FALSE CLAIMS MADE BY RENEWABILITY ” (Comments ##1 & 2 quoted from House_Hacker Comment #5; post new comment @ www.househacker.com/permanent/PowerPipe-Drainwater-Heat-Recovery-System)
[3] On
6/21/07 then 12/1/09 Anonymous complained: " Powerpipe is made with recycled
copper from China. The company makes false claims. I purchased 4 units from
power-pipe and they were recalled due to lead in the braze. Two of the replaced
units were leaking at the joint and 2 others were clogged with metal shavings
in the fresh water feed. Highly not recommended.…How
does HOMEDEPOT EXPLAIN THIS? I looked at one of these at RONA and noticed only
a UL label on the pipe. No NSF 61 (toxicity tests for potable water) was
written on the pipe. I called Renewability and they said they were UL certified
for use with potable water. I did some more research and it looks like they
make this same claim on several Powerpipe documentation. When asked if
Powerpipe was safe for use with potable water, UL answered...............
"Searching for file number MH29466, I see that the file is held by the
company Renewable Energy Inc. It appears that their Power-Pipe Series heat
exchangers are listed as Specialty Heating-Cooling Appliance Accessories under
UL Category Code MJAT (USA) and MJAT7 (Canada), but they do not appear to be
certified to any drinking water safety standards."…
"Powerpipe is made with recycled copper from China. The company
makes false claims. I purchased 4 units from power-pipe and they were recalled
due to lead in the braze. Two of the replaced units were leaking at the joint
and 2 others were clogged with metal shavings in the fresh water feed. Highly
not recommended… To set the record straight - Powerpipe is an
IMITATION of GFX. “ (Quoted from 15 TreeHugger comments; Post new comment @ www.treehugger.com/files/2006/06/the_powerpipe_r.php)
[4] Email
excerpts admitting Watercycles made GFX-coils from copper tubing exported by
Mueller from America to Canada with no incised, third-party certification mark
or NSF-61 mark; making their CETLUS labels a fraud: “You
did purchase a couple of 2” units in which we used copper that was not ASTM B88
but ACR… Our supply agreement states in 6.01 (a) that we must ‘meet minimum
standards; including, but not limited to, ASTM 88 and ASTM B306 standards.” All
copper has been purchased brand new. I stated to you that we were not using
recycled copper. That said, in regard to your comment, Mueller Streamline can
supply us third party certified 3/8 inch type L in 60 and 100 foot lengths. The
absence of incise mark does not prove a unit is not ASTM B88.”…”The tubing that
was approved in this listing is the same material we are using. ETL
recognized we are using the right material when they approved us as a
manufacturer...2. I did speak to Chuck Blantan and he confirms the tubing we
are using exceeds the B88 requirement. Cu content 99.95% vice the min of
99.9% and wall tolerances of +/- 0.003 vice +/- 0.004; wall range of 0.038 -
0.043 vice 0.036 - 0.044. The copper provided to our customers is of a
high quality and exceeds the standard...3. He indicates that incise is required
for straight tube and not coils.” [Which
standard is exceeded he doesn’t say???] (Quotes from emails sent
Wed, 7 Oct 2009 & Fri, 13 Nov 2009 &
by Andre Cayer, Marketing, Watercycles Energy Recovery Inc, 306/531-9478,
306/771-2885 Fax)