The U.S. Federal Trade Commission (FTC) will distribute more than $1 million in refunds to customers who were allegedly duped into buying “deceptively marketed” face masks during the pandemic.
Razer, a gaming lifestyle brand, has headquarters in California and Singapore.
N95 masks are designed to achieve a “very efficient filtration of airborne particles” and are typically used in health care settings, according to the U.S. Food and Drug Administration (FDA). Unlike common surgical masks, these masks—regulated by various federal agencies—form a seal around the nose and mouth.
In its investigation, the FTC said that Razer “never even submitted the masks for testing to the FDA or the National Institute for Occupational Safety and Health [NIOSH], and the masks were never certified as N95.” NIOSH is tasked with approving N95 masks.
An April 2024 settlement mandated that Razer pay $1.07 million to the United States government, with the funds to be used to distribute full refunds to defrauded customers. The company also incurred $100,000 in civil penalties.
The FTC is now sending “checks and PayPal payments to 6,764 consumers who purchased the deceptively marketed products.” Eligible customers will get a full refund, the FTC said.
“Consumers should cash their check within 90 days, as indicated on the check, or redeem their PayPal payment within 30 days,” the agency advised.
Those who have questions about the payments can get in touch with the refund administrator at 1-833-285-3003. In a warning against potential scams, the FTC said it never requires account information or payment to get a refund.
Razer began selling Zephyr masks in the United States beginning in October 2021, with the masks sold in packs priced between $29.99 and $149.99, according to the FTC.
The mask featured decorative lighting, cooling fans, and a clear mouthpiece.
In its advertisements, Razer promoted Zephyr as an N95 or N95-equivalent that would protect users from getting COVID-19.
“By definition, N95 respirators must filter at least 95 percent of ambient air particles between .1 and .3 micrometers in size, with even higher filtration levels for larger particles,” the FTC said in an April statement. The company never sought or received NIOSH approval to use the term N95 in marketing, the agency alleged.
Crack Down on Mask Fraud
The FTC has previously taken multiple actions against companies found to have duped customers about face masks and related items.Last month, the agency announced it was sending over $114,000 in refunds to customers deceived into buying personal protective equipment (PPE) from online seller SuperGoodDeals.com, which allegedly propagated false “next day shipping” claims.
“Beginning in March 2020, when the company sought to capitalize on the soaring demand for PPE from consumers worried about the coronavirus, SuperGoodDeals’ website claimed PPE was ‘in stock,’ and touted ‘Pay Today, Ships Tomorrow.’”
The agency alleged that in numerous instances, the company “did not have masks in stock and took weeks to ship the PPE merchandise customers ordered.” The agency sent checks to more than 4,500 customers.
In October 2023, the FTC sued four defendants, alleging that they deceptively marketed a product described as an “invisible mask” that could protect wearers from COVID-19.
The product wasn’t actually a mask but a card to be worn around the neck or clipped to clothing. The defendants said it used “quantum theory technology” and combined “known virus and bacteria killing compounds.”
An ad for the product, also called “The 1 Virus Buster,” claimed, “All you need to do is hang it around your neck or attach it to your collar, close to your mouth and nose … it kills 99.9 percent of most harmful bacteria and viruses … within a three-foot radius.”
The FTC said there was “no reliable scientific evidence” to support claims that the card could prevent disease.
“Americans trying to protect themselves, their families, and their communities should not face potentially life-threatening exploitation by unscrupulous actors,” the senators said in a letter to the attorney general.
“According to the CDC, more than 60 percent of the KN95 masks on the market in the United States are counterfeit,” said a press release from Senators Edward Markey (D-Mass.), Elizabeth Warren (D-Mass.), and Richard Blumenthal (D-Conn.), who co-signed the letter.
