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In a landmark case, Razer Inc. has been ordered to pay over $1.1 million for misleading consumers about the efficacy of its Zephyr face masks, which were advertised as "N95-grade" without proper certification. This decision comes as a significant move by the Federal Trade Commission (FTC) to combat COVID-related health product scams.
The Zephyr, a high-tech face mask with built-in RGB lighting, was released during the peak of the pandemic in October 2021. It was marketed as an N95 or equivalent mask, suggesting it could protect users from COVID-19. The standard Zephyr package, including one mask and three sets of filters, was sold for $99.99, while the Zephyr Starter Pack, with one mask and 33 sets of filters, was priced at $149.99. Additionally, a Filter Pack containing 10 sets of filters was available for $29.99.
However, the FTC's investigation revealed that Razer never submitted the masks for testing to the FDA or the National Institute for Occupational Safety and Health (NIOSH), the agencies responsible for certifying N95 respirators. Consequently, the Zephyr masks were never certified as N95, despite the company's claims1.
Samuel Levine, Director of the FTC's Bureau of Consumer Protection, stated, "These businesses falsely claimed, in the midst of a global pandemic, that their face mask was the equivalent of an N95 certified respirator." He emphasized the FTC's commitment to holding businesses accountable for false and unsubstantiated claims that target consumers' health and safety decisions.
Razer's response to the allegations was one of disagreement, stating, "We disagree with the FTC's allegations and did not admit to any wrongdoing as part of the settlement." The company clarified that it was never their intention to mislead anyone and that they chose to settle to avoid litigation distractions and focus on creating products for gamers. Razer also mentioned that they had proactively notified customers that the Zephyr was not an N95 mask, stopped sales, and refunded customers more than two years ago.
The settlement requires Razer to provide full refunds to consumers nationwide, amounting to more than $1.1 million, and to pay a civil penalty of $100,000. The Department of Justice filed the case upon notification and referral from the FTC.
Relying solely on marketing claims for essential protective equipment can be risky. Consumers should always seek out masks that have been certified by reputable organizations like the National Institute for Occupational Safety and Health (NIOSH) to ensure they meet safety standards.
