3M Sues Over Another Company’s Marked-Up Offer to New York City of N95 Masks

April 10, 2020 Updated: April 10, 2020

3M, the largest maker of N95 PPE masks in the country, has sued another company for offering to sell New York City overpriced N95 masks for $45 million.

3M claims the company, New Jersey-based Performance Supply, wasn’t authorized to distribute the masks and had attempted to inflate their price by more than 500 percent in New York.

Performance Supply had offered them to the city on March 30—when the number of CCP (Chinese Communist Party) virus cases had skyrocketed, and hospitals struggled to give their workers protective equipment. The price: more than $6 a mask, according to the lawsuit. 3M sells them at a list price of just over $1.

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A worker producing protective masks at a factory in Handan city, Hebei province, China on Feb. 28, 2020. (STR/AFP via Getty Images)

3M called Performance Supply’s offer to New York “extreme price-gouging,” according to the lawsuit filed in the federal court in Manhattan on April 10.

Though the case reads like a standard trademark and false advertising case, it highlights allegations of widespread price gouging popping up everywhere since the national emergency began. The company’s legal action dovetails with pushes from federal authorities and state governments to crack down on price gouging and other alleged fraud during the CCP virus pandemic.

Performance Supply has not yet responded to the allegations in court.

“3M has not increased the prices that it charges for 3M respirators as a result of the COVID-19 outbreak. Unfortunately, any number of wrongdoers seek to exploit the current public health emergency and prey on innocent parties through a variety of scams involving 3M N95 respirators and other products in high demand,” 3M wrote in the complaint.

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A member of the medical staff listens as Montefiore Medical Center nurses call for N95 masks and other critical PPE to handle the COVID-19 disease pandemic in New York on April 1, 2020. (Bryan R. Smith / AFP via Getty Images)

“Unsavory characters continue their quests to take advantage of healthcare workers, first responders, and others in a time of need and trading off the fame of the 3M brand and marks. [The] Defendant is a prime example of this unlawful behavior.”

If the company wins damages in the lawsuit, 3M said it would donate them to charities working on COVID-19 relief, the complaint said.

In the lawsuit, 3M said it has supplied health care workers with 10 million N95 masks in the last week of March and is planning on being able to make 1.1 billion masks a year.

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Epoch Times staff contributed to this report.