April 16, 2020

Mayer Brown files lawsuit on behalf of 3M alleging N95 price-gouging in California

Mayer Brown announced that the firm has filed a lawsuit on behalf of 3M Company in federal court in California against Utah-based Rx2Live, LLC for an alleged deceptive price-gouging scheme directed at Fresno, California-based healthcare provider Community Medical Centers, Inc. (CMC).

The lawsuit asserts that Rx2Live falsely claimed that it could source millions of 3M N95 respirators “direct from 3M,” which it offered to CMC at an inflated price that was about four to five times greater than the list price.

This marks the second lawsuit Mayer Brown has filed on behalf of 3M over the past week in the fight against price-gouging and counterfeiting stemming from the deadly COVID-19 pandemic. Read about the New York City lawsuit the firm filed here. As reported in legal trade press, these lawsuits use trademark law in an innovative way to combat price-gouging.

Mayer Brown’s cross-office, multidisciplinary litigation and intellectual property team, which is assisting 3M’s efforts to curb price-gouging, false advertising and other improper business practices with respect to 3M’s masks, N95 respirators, and other personal protective equipment, is being led by partners Carmine Zarlenga (Washington DC), John Mancini, Andrew Calica (both New York), Richard Bulger, Kristine Young, Richard Assmus (all Chicago), Dale Giali and Keri Borders (both Los Angeles).

Stay Up To Date With Our Insights

See how we use a multidisciplinary, integrated approach to meet our clients' needs.