3M files lawsuit against Florida company over fake N95 masks

Manufacturer 3M has filed a lawsuit against a Florida company claiming trademark infringement and fraud for allegedly selling fake N95 masks to a Massachusetts hospital. 

The company claimed in the lawsuit filed in federal court late last month that MM Medical Supply illegally sold thousands of counterfeit N95 masks to South Shore Health System that were made to look like the ones produced by 3M, according to The Associated Press. 

Representatives of 3M said in the legal filing that the Florida company improperly led the Massachusetts hospital to believe that it was an authorized 3M distributor and that it sold masks at “exorbitantly inflated” prices.

The AP added that the suit accused MM Medical Supply of “pandemic profiteering,” adding that its alleged sale of counterfeit masks “not only jeopardizes the health and safety of those fighting the pandemic on the front lines, but also seeks to divert precious public and other funds from the purchase of genuine personal protective equipment [PPE].”

3M in the suit requested the company to be barred from selling the products in the future, and to donate all profits to COVID-19 relief efforts, according to the AP. 

The Hill has reached out to MM Medical Supply, based in Tarpon Springs, Fla., for comment. 

3M has filed more than 30 similar suits throughout the pandemic. 

Homeland Security Secretary Alejandro Mayorkas in February announced that federal agents had seized more than 11 million fake N95 masks made to mimic those produced by 3M over the course of several weeks. 

Mayorkas said in a news conference at the time that counterfeit masks had been seized in five states “from coast to coast.” 

“We are at a vulnerable time, with the pandemic costing so many lives and causing so much harm,” Mayorkas added. “Criminals [who] exploit our vulnerability for a quick buck is something that we will continue to aggressively pursue.”