BYD accuses four of selling fake respiratory masks

Chinese electric carmaker BYD Co, which won a contract to supply N95 respirator masks to California earlier this year, has filed a complaint against alleged counterfeiters.

BYD and affiliate Global Healthcare Product Solutions filed the lawsuit this week seeking to block four named people and 10 undisclosed individuals from selling imitation masks and exploiting consumers during the COVID-19 global pandemic.

“Defendants are operating an illegal scheme to advertise and sell counterfeit BYD N95 respirator masks to unwitting buyers, who believe that they are receiving authentic BYD masks that are safe, effective, and certified by US and international regulators,” says the complaint.

The alleged counterfeits have ended up in the hands of doctors, nurses, first responders, and others on the front line of the COVID-19 battle, it continues.

The company, which is represented by Akin Gump Strauss Hauer & Feld, accuses Alexander Khazai, Aaron Arredondo, James Vaughn, Roberto Banke and California company Dripstone LLC of participating in the scam. It claims trademark dilution, false advertising and unfair competition.

BYD says it is now the single largest manufacturer of respirator masks in the world, manufacturing 50 million units per day.