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Law360 (June 18, 2020, 5:33 PM EDT ) A Chinese electronic device manufacturer has been charged with selling 140,400 falsely labeled and defective KN95 respirator masks to a New Jersey company, the U.S. Department of Justice announced, marking the latest charges against purported profiteers exploiting the coronavirus pandemic.
Crawford Technology Group (HK) Co. Ltd. advertised that its respirator masks filtered 95% of dust and bacteria, but upon further inspection, the National Institute for Occupational Safety and Health discovered that on average its masks only filtered 22.33% of airborne particles, the DOJ said Wednesday.
Crawford is facing one charge for exporting falsely labeled respirator masks into the U.S. in violation of the Federal Food, Drug and Cosmetic Act — a law that governs the sales of medical devices and pharmaceutical drugs — that has a maximum fine of $200,000, according to the DOJ.
"Defective and misbranded personal protection equipment is a danger to all who unwittingly purchase and use it," U.S. Attorney Craig Carpenito said in a statement.
The New Jersey company, which is unnamed in the complaint, purchased 140,400 KN95 respirators from Crawford for a total of roughly $150,228 in April, according to the complaint.
When a shipment of Crawford's masks arrived at John F. Kennedy International Airport in May, U.S. Customs and Border Protection confiscated the products for further inspection, the complaint said. The shipment contained a certificate stating that the masks complied with European and Chinese production standards that require respirator masks to have 94% and 95% efficiency rates, respectively, according to the complaint.
After CBP sent the masks to the National Institute for Occupational Safety and Health for inspection, the safety agency tested 19 of Crawford's respirators and discovered they only had an average efficiency of 22.33%, the complaint said.
"The Department of Justice and our partners remain committed to finding the unscrupulous companies that sell dangerous gear and stopping them from further endangering health care workers and first responders," Carpenito said.
In March, U.S. Attorney General William Barr formed the COVID-19 Hoarding and Price Gouging Task Force, which has since charged multiple individuals and companies for allegedly creating stockpiles of medical supplies needed to combat the virus outbreak and selling the products at exorbitant prices.
In one such case, a New Jersey used car salesman was charged last month with attempting to sell 7 million 3M brand N95 face masks at a more than 400% markup on their listing price to New York City.
A representative for Crawford did not immediately respond to a request for comment Thursday.
The government is represented by Jonathan Peck of the U.S. Attorney's Office for the District of New Jersey.
Counsel information for Crawford could not be immediately determined.
The case is U.S. v. Crawford Technology (HK) Co. Ltd., case number 20-mj-15272, in the U.S. District Court for the District of New Jersey.
--Additional reporting by Stewart Bishop and Rachel O'Brien. Editing by Daniel King.
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