The Federal Trade Commission announced today that Razer, Inc., the sellers of the Zephyr face mask, will pay over $1.1 million to provide full refunds to consumers nationwide and a civil penalty for misrepresenting the performance and efficacy of the supposed "N95-grade" masks. The complaint alleged that Razer falsely marketed the Zephyr masks as N95-grade without submitting them for testing to the FDA or NIOSH, leading to the deceptive claims being halted only after negative press coverage and consumer outrage.

"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 complaint outlined that Razer advertised the Zephyr masks as N95-equivalent products, offering various packages ranging from $29.99 to $149.99, and falsely marketed them as protective against COVID-19. The defendants never sought certification from NIOSH or FDA for the N95 claims made in their advertisements.

The proposed settlement includes a ban on Razer from making COVID-related health misrepresentations and unsubstantiated health claims about protective health equipment, along with a civil penalty of $100,000. Additionally, the order prohibits the defendants from making deceptive marketing claims without scientific evidence to support them and misrepresenting government affiliations or product standards.

The settlement imposes a $100,000 civil penalty on the defendants and requires them to pay $1,071,254.33 to the United States, equivalent to Razer’s revenue from the sale of the masks, for providing refunds to affected consumers. The complaint and proposed order were approved by a 3-0 vote and filed in the U.S. District Court for the Central District of California.

The FTC's actions serve to hold businesses accountable for false and unsubstantiated claims, particularly during times when consumers are making critical decisions about their health and safety.