The Federal Trade Commission (FTC) announced this week a proposed settlement [PDF] against Razer that would see the tech company pay $1,171,254.33 for its misleading claims about the Zephyr RGB face mask. Razer marketed the device as offering capabilities similar to those of an N95 respirator.
On October 21, 2021, Razer began selling the Zephyr and its replacement filters. Razer continued to sell the mask until January 2022 and kept pushing the filters until July 2022, according to the FTC's complaint [PDF].
Per the FTC, when Razer.com listed the Zephyr in 2021, it said that the mask offered "replaceable N95 Grade filters" and that Zephyr was "FDA-registered and lab-tested for 99 percent BFE [bacterial filtration efficiency]" and offered "greater protection compared to standard disposable/cloth masks, and filters air both inhaled and exhaled to safeguard you and others around you." Razer's site also reportedly said that the mask was "not tested specifically against the COVID-19 virus, but offers the same functionality and adequate protection due to its 99 percent BFE rating.”
The FTC's complaint, filed in the US District Court for the Central District of California, contains examples—from online statements from Razer's CEO to posts on Razer's social media accounts and website—describing the Zephyr as offering N95 or N95 grade capabilities since at least January 2021.
However, the FTC said that Razer never got the Zephyr tested by the National Institute for Occupational Safety and Health or the US Food and Drug Administration and that the Zephyr never received N95 certification.
“[Razer] falsely claimed, in the midst of a global pandemic, that their face mask was the equivalent of an N95 certified respirator,” Samuel Levine, director of the FTC’s Bureau of Consumer Protection, said in a statement.
FTC says Razer knew Zephyr wasn’t N95 equivalent
The "99 percent BFE rating" that Razer touted only referred to the mask's filters, however, and per the FTC's complaint: "Razer had no evidence that the mask as a whole would offer adequate protection against the COVID-19 virus based solely on the BFE characteristic of the filter material."