The 3M Corporation is accusing a major manufacturer, located in Florida, of selling counterfeit 3M N95 masks. According to the federal lawsuit that was filed in December, 3M alleges that a major manufacturer sold more than 10,000 counterfeit N95 masks to a Medical Center in Minneapolis.
A nurse at the medical center in Minneapolis noticed that one of the N95’s did not fit as expected, and suspected that the mask may have been a counterfeit. The 3M Corporation confirmed that the N95 mask was in fact a counterfeit, and that the major manufacturing company that the sold the N95s to the medical center was not an authorized dealer of 3M’s products. Court documents show that a judge granted 3M a preliminary injunction on January 15, 2021.
The lawsuit filed by 3M Corporation accuses the defendant of selling the masks at a markup of 625%. In addition, 3M claims that the defendant is using these counterfeit masks in commerce to advertise, promote, offer for sale, and sell 3M-branded N95 masks. 3M typically handles reports of counterfeit goods with cease-and-desist letters of litigation, but in this case the 3M Corporation has received no response from the defendant.
The 3M Corporation is working actively with law enforcement officials, including the U.S. Department of Justice, the Federal Bureau of Investigation, and federal and state attorneys to investigate fraud involving its products.
Discussion
It is critical that healthcare staff working on the frontline battling COVID-19 are provided with personal protective equipment (PPE) that gives them effective protection. The purchasing department must ensure that all PPE is purchased from a reputable company. Staff that utilize PPE should be aware of what to do if they suspect any PPE is counterfeit or does not provide effective protection.
Issue
- Review policies and procedures that guide the purchasing of PPE to ensure they stipulate that PPE will only be purchased from reputable companies. Update the policies as needed.
- Train purchasing department personnel so that they are able to identify and purchase from reputable suppliers of PPE. Train healthcare workers on the steps that they should take if they suspect that PPE may be counterfeit or ineffective in anyway.
- Periodically audit the inventory of PPE to ensure that it fits properly and provides effective protection. Determine that all PPE and other essential supplies are only purchased from reputable companies.
