As COVID-19 lingered, many companies jumped on the face mask bandwagon. Razer, the maker of popular gaming hardware, software, and services, was one of these with the Zephyr face mask, which it claimed to be N95-grade. The FTC has come to a settlement with Razer over these misleading claims and Razer will have to pay just over $1.1 million in penalties over their marketing of the Zephyr face mask.
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Razer advertised the Zephyr face mask as “an N95-equivalent, COVID-protective product” online and in its Seattle, San Francisco, and Las Vegas stores back in October 2021. According to the FTC order, Razer “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.”
“These businesses falsely claimed, in the midst of a global pandemic, that their face mask was the equivalent of an N95 certified respirator. 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.”
Samuel Levine, Director of the FTC’s Bureau of Consumer Protection
As a result of the FTC findings, Razer came to an agreement with the consumer board and will pay a $100,000 civil penalty, as well as $1,071,254.33 (which was the revenue Razer took in from selling the Zephyr face mask) which the FTC will use to provide refunds to customers who purchased one.
In addition, the FTC made some additional stipulations:
First, it bans Razer from making, without prior FDA approval, any claims that any product prevents or reduces the likelihood of infection with, or transmission of, the COVID-19 virus; reduces the severity or duration of COVID-19; or otherwise cures, mitigates, or treats COVID-19.
The proposed order also prohibits the defendants from representing the health benefits, performance, efficacy, safety, or side effects of protective goods and services (as defined in the proposed order), unless they have competent and reliable scientific evidence to support the claims made. The proposed order also prohibits the Razer defendants from making certain marketing and advertising misrepresentations, including that any goods or services are affiliated with, endorsed, certified, cleared, authorized, approved by, registered, or otherwise connected to any government entity.
Next, the order prohibits them from the deceptive use of government logos or trademarks to imply such an affiliation, from falsely claiming that any product meets government-established standards when it has not, and from misrepresenting any other fact material to consumers such as total cost of the product and any aspect of its performance, efficacy, or other primary characteristics.
FTC
What do you think about the FTC order to fine Razer $1.1 million for misrepresenting the Zephyr face mask? Did you purchase one when they were available and hope to get in on a partial refund? Let us know on social media by using the buttons below.
