Razer Zephyr: Manufacturer of the RGB face mask must pay a fine of USD 1.1 million

Do you remember the Razer Zephyr? Launched in October 2021, the face mask with RGB lighting boomed, at least in the USA, during the COVID-19 pandemic. Also because the manufacturer advertised official N95 certification. Just a few months later, the certification was removed, stating that the Zephyr was not suitable as a medical device or N95 mask. But the damage had already been done. The US Federal Trade Commission (FTC) is now demanding a refund of 1.1 million US dollars.

Razer Zephyr without N95 rating

The Razer Zephyr face mask, which was supposed to have an official N95 rating and 99% BFE (bacterial filtration efficiency) in addition to RGB lighting, cost the equivalent of around 110 euros. However, the reference was removed shortly afterwards due to feedback from the community.

“Razer would like to clarify that while the filters used in the Razer Zephyr wearable air purifier have been tested to 95% particle filtration efficiency (PFE) and 99% bacterial filtration efficiency (BFE), according to the statements on the website and product information materials, the wearable is neither a medical device nor certified as an N95 mask,” Razer said at the time.

The US Federal Trade Commission (FTC) is now demanding that Razer pay back all revenue and a fine of around 1.1 million US dollars. The proceedings also entail a civil penalty of USD 100,000.

According to the FTC, Razer advertised the Zephyr as an N95 mask, but never submitted it to the FDA and National Institute for Occupational Safety and Health (NIOSH) to determine whether it could be certified as an N95 mask.

False advertising

“In their advertising, Defendants initially falsely advertised their Zephyr masks as N95 or N95-equivalent masks that would protect consumers from contracting COVID-19,” the complaint states.

By definition, an N95 mask must filter at least 95 percent of particles in the ambient air with a size of 0.1 to 0.3 micrometers, whereby the filtration rate for larger particles must be even higher. This is not the case.

The proposed order resolving the complaint prohibits Razer from claiming, without prior FDA approval, that a 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.

In addition to a civil penalty of $100,000, Razer must pay exactly $1,071,254.33 to the U.S., representing the proceeds from the sale of the mask. The FTC is expected to use this money to pay restitution to defrauded consumers and thus provide restitution.