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Billion-dollar office supplies company W.B. Mason exploited the COVID-19 pandemic by “preying upon” customers’ fears to sell them fake N95 masks at inflated prices, a new lawsuit claims.
In a proposed nationwide class action filed in the District of Massachusetts Thursday, Rhode Island packaging company Atlantic Coast Creations said it purchased a box of 20 N95 masks from W.B. Mason that were labeled as though they were made by the reputable Minnesota-based brand 3M.
“3M’s respirators are well known by consumers, highly sought after by consumers, and considered the “gold standard” for protection against pathogens,” the company stated in the lawsuit.
However, the masks were not made by 3M as indicated on the packaging, and instead have lot numbers on them indicating they are counterfeit, Atlantic Coast Creations alleges. The boxes also state they are made in Peru, indicating the masks are fakes.
W.B. Mason misused the 3M trademark on the packaging to deceive consumers, trading on the goodwill of a reputable manufacturer that makes “life-saving” masks known to filter out 95% of harmful pathogens, the lawsuit states.
“Defendant’s actions have potentially created a health and safety issue that has put consumers at risk of severe and life-threatening outcomes from the use of the counterfeit masks that may not live up to 95% filtration rate.”
Atlantic Coast Creations also accuses W.B. Mason of price-gouging on the masks.
The packaging company says it bought the masks at $8.75 per unit, when 3M itself was selling the same 1860 Model mask at $1.27 per unit — almost 6 times cheaper than the alleged fakes.
The lawsuit is the latest in a litigation campaign 3M launched in 2020 seeking to stop companies from both peddling counterfeit N95 masks and reselling their real products at inflated prices, Law360 reports.
According to the class action, 3M posted a counterfeit notification letter to its website Feb. 11 alerting customers to potential fraud around some of its N95 masks, including the 1860 model.
The class action has joined the ranks of a number of proposed consumer lawsuits seeking to hold retailers working on platforms such as Amazon and eBay responsible for COVID-19-related price gouging.
The lawsuit is seeking to represent anyone in the United States who may have purchased a counterfeit, 3M-branded N-95 mask from W.B. Mason during the pandemic.
It seeks damages, injunctive relief, and a jury trial for W.B. Mason’s “unlawful, deceptive, fraudulent, unfair, and misleading actions” under an unjust enrichment claim.
Have you purchased a 3M-branded N-95 mask from W.B. Mason? Let us know in the comment section below.
Atlantic Coast is represented by John T. Longo of Citadel Consumer Litigation PC. Counsel information for W.B. Mason was not immediately available.
The W.B. Mason Fake 3M Mask Class Action Lawsuit is Atlantic Coast Creations Ltd. v. W.B. Mason Co. Inc., Case No. 1:21-cv-10278, in the U.S. District Court of the District of Massachusetts.
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22 thoughts onW.B. Mason Accused of Price-Gouging on Fake N-95 Masks, Nationwide Class Action Claims
Add me. I have immune and autoimmune issues and they came in the 3m box as stated . Mine were sold by firefly supply on Amazon , which has since disappeared from their site. I purchased them in September of 2022. I still have them but not the box it came in. It was crushed during shipping.