A Florida company that allegedly sold more than 10,000 counterfeit 3M respirators to Hennepin County (Minnesota) Medical Center has been slapped with an injunction from a federal court in Minnesota.
3M sued Nationwide Source Inc. in late December, claiming it was advertising and selling counterfeit N95 face masks — notably to HCMC, which paid more than six times above 3M's standard price for the authentic goods.
U. S. District Judge Wilhelmina M. Wright on Friday granted 3M's request for a preliminary injunction, ordering Nationwide Source to stop using the company's trademarks and falsely representing itself as a 3M distributor or authorized retailer.
"Nationwide's activities were unlawful and endangered the lives of essential medical workers," Maplewood-based 3M said in a statement. Nationwide Source, located in Delray Beach, declined to comment.
Since COVID-19 3M surfaced last winter, 3M has tripled production of its N95 respirators, often seen as the gold standard for filtering out pathogens and particulate matter.
The company has also investigated over 10,000 cases of fraudulent N95 sales, leading to 29 lawsuits and nearly as many injunctions and restraining orders. Thousands of false social media claims and fraudulent e-commerce N95 offerings have also been removed from the internet, according to 3M.
The suit against Nationwide Source is rooted in a deal made with HCMC in November, 3M said in a court filing.
An HCMC employee received a solicitation from National Source offering two different models of 3M's N95 respirators at $7.95 a piece; the standard price is $1.27. HCMC is a large public hospital in downtown Minneapolis.
The employee asked Nationwide Source to vouch for the authenticity of the products. The company replied that the masks were made overseas, but it provided a verification report from an international inspection agency, the court filing said.
HCMC received the mask shipment on Nov. 16. About 25 days later, an HCMC nurse noticed that one of the masks from Nationwide did not fit as expected, and suspected that the respirator may have been a counterfeit, the court filing said.
On Dec. 14, HCMC reported the suspected fake N95 to 3M, which confirmed it was counterfeit and told HCMC that Nationwide Source was not an authorized distributor of 3M products.
3M said it sent a cease-and-desist letter to the company, but received no response; it then sued.©2021 StarTribune. Visit at startribune.com. Distributed by Tribune Content Agency, LLC.