3M Says Amazon Seller Is Charging High Prices For Fake N95 Masks

As COVID-19 scams are on the rise, regulators and others are fighting back — 3M has filed a trademark lawsuit against an Amazon seller allegedly peddling fake N95 masks at exorbitant prices.

Now the makers of the real N95 mask are attempting to take the seller to task for not only infringing on trademark, but also in an effort to protect vulnerable consumers during a time of crisis.

According to 3M, the Minnesota-based company has a trademark on N95 masks, which have risen in demand since the start of the coronavirus pandemic. However, according to 3M, sellers including KM Brothers Inc., owned by Mao Yu, KMJ Trading Inc. and Supreme Sunrise Inc. which does business as Supreme Sunshine, are among multiple vendors selling fake N95 masks.

3M explains that as the novel coronavirus, COVID-19 spread throughout the world, demand for 3M’s N95 filtration mask skyrocketed. The masks are allegedly known for their effective and easy-to-use air filtration technology, and became a staple in helping protect individuals from the coronavirus, a dangerous disease that can be fatal to some.

According to 3M, this increased demand then led to a shortage of the masks, with healthcare workers and other individuals scrambling to access the masks. Unfortunately, sellers have attempted to take advantage of this desperation by selling fake N95 masks on Amazon, falsely misleading customers into thinking that they are real N95s.

The 3M trademark lawsuit says that this action hurts 3M, customers, and the general public. The company explains that consumers rely on the masks to protect them, and non-N95 masks do not offer the same protection as the N95 respirators.

If a consumer believes that they are being offered more protection from COVID-19 than they really are from an unreliable mask, they may unnecessarily expose themselves to COVID-19, and subsequently spread the virus to others.

Additionally, the practice of charging exorbitant prices allegedly financially injures consumers, who may feel cornered into buying fake masks for more than they are worth.

For reference, the company notes that 3M sells N95 masks for between $0.63 and $3.40 depending on the model, but the companies selling fake N95s online sell them for almost 20 times that amount. 

3M says that KM Brothers Inc., KMJ Trading Inc., Supreme Sunrise Inc. and others have charged customers more than $350,000 in total for the fake N95 respirators and other respirators also sold falsely under the 3M brand.

3M notes that the act of selling the fake masks takes a toll on 3M both directly and indirectly, by redirecting sales of those wishing to purchase real N95s to fake sellers, and by negatively affecting 3M’s reputation.

The fake N95 lawsuit asserts that flooding the market with low-quality products and passing them off as higher-quality products made by 3M could convince consumers that the products made by 3M are not as valuable or reliable as they really are.

The company asks the court to force KM Brothers Inc., KMJ Trading Inc., Supreme Sunrise Inc. and others to disgorge the profits gained from the sale of these fake masks, and requests an injunction barring the sellers from continuing to fraudulently represent their products.

3M also seeks monetary awards, which the company says it will donate to COVID-19 relief efforts. 

This is not the first N95 lawsuit pursued by 3M during the COVID-19 crisis. Previously, 3M had taken sellers to task for allegedly selling real N95s for exorbitant prices, whereas this new trademark lawsuit is slightly different. In both cases, 3M admonished the sellers for allegedly taking advantage of crisis and desperation in an effort to make an ill-gotten profit. 

This current 3M N95 trademark lawsuit has made news headlines, and was covered by The Verge, The Wall Street Journal, and others. The Verge notes that a customer who purchased the mask speculated that they were fake, and complained about the price gouging, as well. 

According to The Verge, 3M has not raised its N95 prices during the COVID-19 pandemic, though supply is short, because it has been controlled by the Federal Emergency Management Agency.

How has the personal protective equipment shortage affected your community? Share your COVID-19 experiences below.

3M is represented by Kevin Mayer and Andrea D’Ambra of Norton Rose Fulbright US LLP, and by Christopher Weimer of Pirkey Barber PLLC.

The Fake N95 Face Mask Trademark Lawsuit is 3M Company v. KM Brothers Inc., et al., Case No. 2:20-cv-05049, in the U.S. District Court for the Central District of California.

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