DHS Says SAFETY Act Not An Endorsement

While the SAFETY Act has become popular among security providers, the Department of Homeland Security confirmed to IPVM that its SAFETY Act certifications are not endorsements.

In this report, IPVM examines DHS's statements to IPVM and a recent example from Evolv.

Evolv: DHS "Stamp of Approval"

In a LinkedIn post tagging DHS, Evolv claimed they received a DHS "stamp of approval" to prevent terrorist attacks:

The designation is a stamp of approval from the U.S. Department of Homeland Security, showing that Express has the ability to prevent terrorist attacks and make our world a safer place.

DHS SAFETY Act was established to incentivize innovation in physical security by limiting liabilities associated with lawsuits resulting from terrorist attacks.

DHS: SAFETY Act Not an Endorsement

The DHS Office of SAFETY Act Implementation LaTasha Thompson told IPVM that recipients can factually share obtaining and the benefit of the SAFETY Act:

As an added benefit for obtaining SAFETY Act protections, the Department grants companies a license to use the SAFETY Act Designated® and/or Certified® trademark. These marks are only available for use by those Sellers of technologies that have obtained designation and/or certification. Sellers may utilize these marks to advertise the receipt of SAFETY Act protections. No prohibition exists on the inclusion of factual and true statements regarding the SAFETY Act review process, acquisition of SAFETY Act protections, and the benefits to the Sellers and users of SAFETY Act technologies. [emphasis added]

Regarding whether the "factual and true statements" noted by DHS are considered a "stamp of approval" from DHS, showing that a product has the ability to "prevent terrorist attacks," DHS replied:

A SAFETY Act protection is not an endorsement of a product. Achieving SAFETY Act Certification means that the technology approved has shown it will perform as intended, conforms to the Seller’s specifications, and is safe for use as intended when deployed in defense against or response or recovery from acts of terrorism, as defined by the SAFETY Act. However, not all SAFETY Act Certified technologies are appropriate for all operational environments. It is still the responsibility of the user of the SAFETY Act Certified technology to ensure that the technology is appropriate for their particular operational environment. [emphasis added]

DHS referred IPVM to its previous statement when asked about Evolv's marketing post and video, emphasizing they do not make endorsements of products.

DHS also confirmed to IPVM that they would not make statements on specific companies such as Evolv.

This case underscores the challenges in companies marketing their products as having a certification versus using said certification as a stronger or broader "stamp of approval" to "prevent terrorist attacks".