The Federal Trade Commission has ordered the sellers of a supposed N95-grade face mask called the Zephyr to pay more than $1.1 million to provide full refunds to consumers nationwide, as well as a civil penalty.
A proposed order settling the complaint also bars Razer, Inc., along with its affiliated entities involved in the development, marketing, and sale of the Zephyr, from making Covid-related health misrepresentations or unsubstantiated health claims about protective health equipment and requires them to pay a civil penalty of $100,000.
According to the FTC, while Razer advertised the Zephyr masks as N95-grade, they never even submitted them for testing to the FDA or National Institute for Occupational Safety and Health (NIOSH), and the masks were never certified as N95. The complaint alleges that Razer only stopped the false advertising following negative press coverage and consumer outrage at the deceptive claims. The Department of Justice filed the case upon notification and referral from the FTC.
“These businesses falsely claimed, in the midst of a global pandemic, that their face mask was the equivalent of an N95 certified respirator,” said Samuel Levine, Director of the FTC’s Bureau of Consumer Protection. “The FTC will continue to hold accountable businesses that use false and unsubstantiated claims to target consumers who are making decisions about their health and safety.”
The complaint alleges the defendants deceptively advertised Razer’s Zephyr mask as an N95-equivalent, Covid-protective product. They offered the standard Razer Zephyr, consisting of one Zephyr mask and three sets of filters, for $99.99; the Razer Zephyr Starter Pack, consisting of one Zephyr mask and 33 sets of filters, for $149.99; and a Razer Zephyr Filter Pack, containing 10 sets of filters, for $29.99.
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