Lawmakers call for crackdown on counterfeit face masks

Democrats in the US Senate have asked the Department of Justice to take action against the sale of fraudulent and counterfeit face masks sold by US retailers during the COVID-19 emergency.

In a letter to Attorney General Merrick Garland, the senators – Edward Markey Elizabeth Warren and Richard Blumenthal – said that consumers are seeking out N95 and KN95 masks as the Omicron variant of SARS-CoV-2 has gathered momentum in the US, but are frequently at risk of buying fakes.

"Numerous reports indicate the retailers where many consumers go to purchase high-quality masks sell counterfeit and fraudulent products; this is especially true of online marketplaces where consumers cannot physically inspect and verify product quality," they write.

"Moreover, some online marketplaces continue to allow products to be sold on their platforms despite concerns that the information about these products is misleading and unverified."

Earlier this month, the Centres for Disease Control and Prevention (CDC) issued a report that estimated around 60 per cent of KN95 masks in the US are counterfeit and do not meet the requirements laid out by the National Institute for Occupational Safety and Health (NIOSH).

Counterfeits are often made in non-sterile sweatshops and may not be capable of providing appropriate respiratory protection to users. They can also endanger lives and waste precious time and resources by diverting buyers from legitimate sources of respirators.

The senators requested that the DoJ's COVID-19 Fraud Enforcement Task Force, which was set up last year, do more to ensure that the masks do not make it into the mainstream market.

They acknowledge that the department has taken a number of enforcement actions against purveyors of fraudulent masks, including seizing millions of counterfeit N95 masks sold to health care providers and state and local governments, but ask it to "redouble its efforts."

"Americans trying to protect themselves, their families, and their communities should not face potentially life-threatening exploitation by unscrupulous actors," the conclude.