NJ Company Allegedly Tried to Sell Masks to NYC at 600% Markup, Suit Says

3M claims the company falsely represented itself to be an authorized vendor

NBC Universal, Inc.

Manufacturer 3M is suing a New Jersey company that it alleges tried to sell 3M's masks to New York City at a 600 percent markup over their list price.

The suit, filed in federal court in Manhattan on Friday, alleges that Performance Supply LLC of Manalapan deceived the city by falsely representing it was authorized to distribute and sell 3M protective masks -- which have been in short supply and under massive demand worldwide.

"Compounding Defendant’s bad acts, the prices at which it offered to sell 3M-brand N95 respirators to New York City’s Procurement Office were 500%-600% above 3M’s list price," the lawsuit alleges.

The suit seeks various damages, all of which 3M pledged to donate to COVID-19 relief efforts.

There was no answer at the phone number listed for Performance Supply on its bid documents, and the company president's voicemail box was full Friday morning.

"The City is thankful for the various offers from suppliers around the world, and we vet each one. After receiving the offer from this vendor, we contacted M3 to see if they were a certified reseller, and they were not. We did not move forward with any purchase," said Laura Feyer, a spokesperson for City Hall.

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