3M: Fraudulent Activity, Price Gouging, and Counterfeit Products (April 8, 2020), Exhibit 5, Document 9-5

Summary

Exhibit 5, Document 9-5 filed May 6, 2020 in Case No. 8:20-cv-01003-MSS-CPT, a 3M statement dated April 8, 2020 (Revision 2) headed Fraudulent Activity, Price Gouging, and Counterfeit Products. It states that 3M is working with law enforcement authorities and has created a 3M COVID-19 Fraud hotline for the U.S. and Canada. It recommends purchasing 3M products only from a 3M authorized distributor or dealer. For respirators, it states that 3M has not changed the prices it charges as a result of the COVID-19 outbreak and publishes list prices per respirator by model number.

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Date: 2020-05-06

Cite this document

“3M: Fraudulent Activity, Price Gouging, and Counterfeit Products (April 8, 2020), Exhibit 5, Document 9-5.” Original at ecf.flmd.uscourts.gov, dated 2020-05-06. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-05-06-pdf-file/, SHA-256 7cbb17c44946623da47bd90d86140f37eaece25d3db65cefb263fcb4058c01c8.

Full text

Case 8:20-cv-01003-MSS-CPT Document 9-5 Filed 05/06/20 Page 1 of 3 PageID 241

EXHIBIT 5
Case 8:20-cv-01003-MSS-CPT Document 9-5 Filed 05/06/20 Page 2 of 3 PageID 242
Science.
April 8, 2020
Applied to Life.™
Revision 2

Fraudulent Activity, Price Gouging, and Counterfeit Products

At 3M, we are committed to doing all we can to help combat the fraudulent, price gouging, and counterfeit
activity that is unfortunately occurring in connection with COVID-19. Examples include people fraudulently
representing themselves as being affiliated with 3M and having authentic 3M product to sell, selling (or
offering to sell) 3M products at grossly inflated prices, selling counterfeit products falsely claimed to be from
3M, and falsely claiming to manufacture 3M products. In many cases, these scammers will try and secure
funds in advance and then disappear once the money is received.

3M will not tolerate any such activity by 3M authorized channel partners and we will aggressively pursue
third-parties that seek to take advantage of this crisis. We are working with law enforcement authorities
around the world - including, in the U.S., the U.S. Attorney General, state Attorneys General, and local
authorities.

We have also created a new 3M COVID-19 Fraud hotline for the U.S. and Canada that end-users and
purchasers of 3M products can call for information to help detect fraud and avoid counterfeit products.
You can reach this hotline by calling: 1 (800) 426-8688.

In addition to the hotline, you can report a concern in the U.S. at www.go.3m.com/covidfraud.
You can report a concern in Canada at www.go.3M.com/covidfraud-en-ca (English) or
www.go.3M.com/covidfraud-fr-ca (French).

3M recommends purchasing our products only from a 3M authorized distributor or dealer, as that offers
the greatest assurance that you will receive authentic 3M products.

If you need help identifying 3M authorized distributors and dealers in your area, please contact 3M Help
Center at www.3m.com/3M/en US/company-us/help-center or 1 (888) 364-3577 in the United States.
In Canada, please contact 3M Canada Customer Service at 1 (800) 364-3577.

Model# List Price (USO)
With regard to 3M respirators specifically, we
$0.68
are providing the following additional
information to help stop price gouging and sales 1804S $0.68
Surgical N95
of counterfeit products: 1860 $1.27
Respirators
• 3M has not changed the prices we charge 1860S $1.27
for 3M respirators as a result of the 1870+ $1.78
COVID-19 outbreak.
8210 $1.02 - $1.31
• We are actively working to eliminate price 8210Plus $1.18 - $1.50
gouging, including making referrals to law 8210V $1.48 - $1.88
enforcement where appropriate.
8110S $1.08 - $1.37
• To help customers identify and avoid inflated Standard N95 8200 $0.63 - $0.80
prices, we are now publishing current single-case Respirators 8511 $2.45 - $3.11
list prices for many of the most common 3M N95
9105 $0.64 - $0.81
respirator models sold in the U.S.
9105S $0.64 - $0.81
• List prices for these models sold in Canada are 9210+ $1.40 - $1.78
similar on a currency-adjusted basis.
9211+ $2.68 - $3.40
Case 8:20-cv-01003-MSS-CPT Document 9-5 Filed 05/06/20 Page 3 of 3 PageID 243
• These list prices are per respirator.

• Actual prices may be lower than these list prices, as negotiated between you and your chosen reseller.

• 3M has also worked to further accelerate delivery of respirators to critical end-users - both by utilizing
our existing network of healthcare distributors and, where it makes sense to do so, shipping directly to
end-user locations. Effective the week of March 23, the small volume of 3M filtering facepiece respirators
being made available to critical industrial infrastructure is shipping directly to the specified end-user.

• 3M respirators should be sold only in 3M packaging, with model-specific user instructions accompanying
the product.

• 3M respirators should not be sold individually or without packaging (including User Instructions).

• 3M has strict quality standards, and therefore products that have missing straps, strange odors, blocked
valves, misspelled words, etc. are likely not authentic 3M respirators.

Finally, 3M personal protective equipment (PPE) is intended, labeled, packaged, and certified to meet the
requirements of the countries in which 3M sells it. Those requirements differ around the world, including as
it relates to, for example, respirator performance, local language, and local certification and approval for sale
and use. As a result, 3M PPE imported from other countries may not meet local requirements. Please confirm
such PPE meets all applicable requirements prior to use.

For technical assistance regarding the selection and use of 3M respirators, please contact your local
3M Technical Service team. In the U.S., you can call 1 (800) 243-4630. In Canada, you can
call 1 (800) 364-3577.

For more information, contact the 3M Help Center at 1 (888) 364-3577 in the United States.
In Canada, please contact 3M Canada Customer Service at 1 (800) 364-3577.

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