Razer
The Federal Commerce Fee (FTC) introduced this week a proposed settlement [PDF] towards Razer that will see the tech firm pay $1,171,254.33 for its deceptive claims in regards to the Zephyr RGB face masks. Razer marketed the system as providing capabilities much like these of an N95 respirator.
On October 21, 2021, Razer started promoting the Zephyr and its alternative filters. Razer continued to promote the masks till January 2022 and saved pushing the filters till July 2022, in response to the FTC’s criticism [PDF].
Per the FTC, when Razer.com listed the Zephyr in 2021, it stated that the masks supplied “replaceable N95 Grade filters” and that Zephyr was “FDA-registered and lab-tested for 99 p.c BFE [bacterial filtration efficiency]” and supplied “larger safety in comparison with normal disposable/material masks, and filters air each inhaled and exhaled to safeguard you and others round you.” Razer’s web site additionally reportedly stated that the masks was “not examined particularly towards the COVID-19 virus, however presents the identical performance and sufficient safety as a consequence of its 99 p.c BFE ranking.”
The FTC’s criticism, filed within the US District Courtroom for the Central District of California, comprises examples—from on-line statements from Razer’s CEO to posts on Razer’s social media accounts and web site—describing the Zephyr as providing N95 or N95 grade capabilities since no less than January 2021.
Nevertheless, the FTC stated that Razer by no means received the Zephyr examined by the Nationwide Institute for Occupational Security and Well being or the US Meals and Drug Administration and that the Zephyr by no means obtained N95 certification.
“[Razer] falsely claimed, within the midst of a worldwide pandemic, that their face masks was the equal of an N95 licensed respirator,” Samuel Levine, director of the FTC’s Bureau of Shopper Safety, stated in a press release.
FTC says Razer knew Zephyr wasn’t N95 equal
The “99 p.c BFE ranking” that Razer touted solely referred to the masks’s filters, nevertheless, and per the FTC’s criticism: “Razer had no proof that the masks as an entire would supply sufficient safety towards the COVID-19 virus based mostly solely on the BFE attribute of the filter materials.”
It continues:
In truth, Razer knew from testing the PFE [Particulate Filtration Efficiency] efficiency of the Zephyr that the masks as an entire carried out worse with respect to filtering out international materials than the filter materials did by itself.
Within the months earlier than the Zephyr’s launch, a 3rd get together, Intertek, examined the masks. The most effective outcomes for the system confirmed it reaching a most PFE stage “of 83.2 p.c with the followers off and 86.3 p.c with the followers on” and that the masks “steadily examined a lot decrease,” per FTC’s criticism. The figures are notably decrease than the minimal PFE stage of 95 p.c required for an N95 respirator.
Razer saved pushing Zephyr regardless of warnings
The FTC’s criticism towards Razer, which is finest recognized for high-priced, RGB-riddled PC gaming peripherals, claimed that Razer continued selling the Zephyr regardless of consultants highlighting the masks’s lack of certification and safety.
“Their use of misleading promoting and misinformation posed a threat to public well being and security,” the FTC’s criticism stated.
In keeping with the FTC, in March 2021, Intertek warned Razer through e-mail towards saying that the Zephyr makes use of an N95 grade filter as a result of N95 “shouldn’t be related to this product, and the declare will trigger confusion.”
Nonetheless, on August 20, 2021, Razer CEO Min-Liang Tan stated through Fb: “One in all our beta checks of the Razer Zephyr pinged me and stated, ‘Is not this simply an N95, however much more snug and reusable?’ Properly, that is actually the purpose. For us to attain N95 grade 99 p.c BFE filters and guarantee it is reusable, all different options are secondary.”
The FTC additionally accused Razer’s senior director of regulator and compliance of deciding in September 2021 to take away disclaimer textual content on the Zephyr’s packaging that worker testers proposed, specifically that the masks “shouldn’t be a medical system, respirator [or] surgical masks” and that the “product shouldn’t be FDA-approved.” Razer’s final disclaimer famous that the masks shouldn’t be private protecting gear and is simply meant to be used with Zephyr Filters, although.
In November 2021, the Justice and Shopper Safety Company of Hamburg, Germany despatched Razer a letter telling the agency that it opened an inquiry in regards to the Zephyr’s well being claims, the FTC stated. Razer stopped promoting the masks within the European Union on December 13, 2021, after receiving a follow-up letter, however continued promoting the system within the US.
Fewer than 6 p.c of US prospects refunded … to date
On January 13, 2022, after stress from reviewers and Razer’s world PR director, Razer publicly backtracked on its claims. In an e-mail to prospects, Razer stated that whereas the Zephyr’s filters had been “examined for 95 p.c Particulate Filtration Effectivity (PFE) and 99 p.c Bacterial Filtration Effectivity (BFE) … the wearable by itself shouldn’t be a medical system nor licensed as an N95 masks.” Razer additionally stated it might take away all references to “N95 Grade Filter” from advertising supplies. Nevertheless, the FTC stated that solely prospects who purchased the masks from Razer’s web site or supplied their emails to bodily Razer shops when shopping for a masks obtained the e-mail.
Additional, Razer’s e-mail reportedly failed to say that the corporate supplied full refunds. Because of Razer declining refunds for customers exterior the 14-day buy window or who had used or opened the masks and/or filters, Razer reportedly refunded fewer than 6 p.c of Zephyr purchases within the US.
Nevertheless, the proposed settlement towards Razer features a $100,000 civil penalty, plus $1,071,254.33, which the FTC stated is the same as the quantity of income Razer produced from the Zephyr and can go towards refunding “defrauded customers.”
Razer did not reply to Ars’ request for remark earlier than this story’s publication. We’ll replace if we hear again.
