Razer, the seller of a supposed N95-grade face mask called the Zephyr, will pay more than $1.1 million to provide full refunds to consumers nationwide, as well as a civil penalty, under a proposed settlement the Federal Trade Commission announced today. 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.

The stipulated 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.
 

“These businesses falsely claimed, in the midst of a global pandemic, that their face mask was the equivalent of an N95 certified respirator,” says 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.

According to the complaint, the defendants began selling the Razer Zephyr and the Razer Zephyr Filter Pack to U.S. consumers online and in three stores – in Seattle, San Francisco and Las Vegas – in October 2021. Later that month, they started selling the Razer Zephyr Starter Pack to U.S. consumers online through limited “drops.”

In their advertisements, the defendants initially falsely marketed their Zephyr masks as an N95 or N95-equivalent mask that would protect consumers from contracting COVID-19. Most of these advertisements were on the Internet, including on the defendants’ own website and social media posts and videos on sites including TikTok, Twitter, Instagram, Facebook, Discord and YouTube.

The complaint alleges that the defendants misrepresented the Razer Zephyr as an N95-equivalent mask that met standards established by NIOSH, the agency that approves N95 respirators. 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. While respirators and masks are designed for different purposes, N95 respirators are frequently referred to as N95 masks.

The order imposes a $100,000 civil penalty against the defendants and requires them to pay $1,071,254.33 to the United States, equal to Razer’s revenue from the masks, which the FTC expects to use to provide refunds to defrauded consumers. This amount will allow the FTC to provide full refunds to consumers who purchased the deceptively marketed products.