"Given the deficiencies identified with markings and with the documentation, there appears to be a risk that the mask may not, in fact, comply with the performance requirements of the represented Standards. If this is the case, then representations as to compliance with the relevant standards also risk being false or misleading," the commission wrote.
It had not reached a "final view" on the latter, as it had not tested the mask itself and did not intend to.
Although the Government encourages the use of standard disposable surgical masks for the general public, particulate respirator masks - described as N95, KN95, P2 or FFP2 depending on which international regulatory standard they claim to meet - are in hot demand by consumers. When worn correctly these masks can offer superior protection against the transmission of Covid 19.
Eighteen of the complaints to the commission were about KN95s (manufactured to a Chinese regulatory standard), 11 were about N95s (an American standard) and two complaints related to both styles.
A Commerce Commission spokesperson told the Herald it carried out its first investigations into the supply of potentially non-compliant respirator masks during 2020 and had continued to follow up specific complaints from consumers and other agencies.
"We issue compliance advice where we consider that a trader's conduct may have breached the law, but does not warrant further action at that time."
The Commission would not reveal details about who it had investigated, saying "the mask misrepresentations of one trader may not have been the same as another". In some cases, it had also considered issues around website advertising, packaging and the documentation supplied to substantiate traders' claims.
How to spot a suspect mask
Consumer NZ earlier this year cautioned customers to buy from reputable sources "as there are some fakes out there", meanwhile, in the United States, the Centers for Disease Control and Prevention (CDC) has detected more than 50 different examples of respirator masks that are counterfeit and/or misrepresent testing approvals.
A Ministry of Health spokesperson said "concerns around the quality of KN95s are well documented" and it primarily purchased particulate respirators certified as N95 (an American standard), P2 (New Zealand/Australian) or FFP2 (European) for use in its workforces.
"Due diligence should be completed before KN95s - or other particulate respirators - are utilised in health and disability settings or when engaging with Covid-19 positive patients."
The ministry did not believe particulate respirators, such as KN95s, were necessary for public use, with "a good-quality reusable or a medical mask considered adequate".
Advice around spotting potential fakes begins with a visual check. This week, the Commerce Commission confirmed masks being sold as KN95s should have specific information printed on the mask itself.
"This standard requires the following information to be printed on the mask - the rating (i.e. KN95), the standard number and year of publication, the manufacturer's identification mark or similar and the model number (if applicable)," a spokesperson said.
The Herald has seen numerous examples of masks that are missing the required details. In one case, when a reporter queried the lack of printed information on a $39.95 shipment of 20 masks advertised online as KN95s, the supplier replied:
"I don't know what to say because the box that I have here and our supplier checked all there [sic] stock and every one of them are what they should be, I also checked with some customers that we sold bulk lots to and they also confirmed that everything was what it should be, and that is FFP2 masks."
Companies found to have breached the Fair Trading Act can be fined up to $600,000 and individuals up to $200,000 per offence. Complaints can be made via the Commerce Commission website, by phoning 0800 943 600 or emailing contact@comcom.govt.nz.
