The mass closures and cancellations caused by the COVID-19 pandemic have decimated the promotional products industry. In a bid to survive, the majority of suppliers and distributors have moved into providing personal protective equipment (PPE) for end-buyers.

According to ASI, and to no one’s surprise, PPE has dominated ESP searches in recent months. “Face shields” saw an increase of 85,357% between April 2020 and the same month last year. Meanwhile, “face masks” increased 56,471%, “thermometer” 7,816%, “hand sanitizer” 1,225% and “bandanas” 678%.

While sanitizer, thermometers and bandanas have had a consistent presence in the industry since before the pandemic, masks are a different story. And now, they’re in high demand as businesses reopen. But there’s a nagging question: How much do companies that are new to the category, both suppliers and distributors, actually know about the masks they’re providing (whether imported or made here), often in massive quantities with fast turnarounds?

Furthermore, since overall spending has been cut, suppliers and distributors are under pressure to find low-cost items for customers. But as with virtually everything else, you get what you pay for. That can pose countless product safety concerns.

“This can be a dangerous area,” says Leeton Lee, general counsel for a major gift card company and an expert in product safety. “There’s a reason to be nervous about where [PPE is] coming from. Distributors and suppliers don’t always know what questions to ask, and there’s also time pressure. If shipment is delayed, clients will go elsewhere.”

And just as promo firms in North America pivoted quickly to start offering PPE they may know little about, Lee says factories have done the same thing. “There’s a danger with that,” he says. “Companies that made hubcaps are now making masks because manufacturing is hurting. We should be concerned about quality and effectiveness.”

Shamini Peter, chief operating officer of Top 40 distributor Axis Powered by HALO (asi/128263) in New York City, has led the implementation of an extensive sourcing program for reusable face masks made by a WRAP-certified manufacturer. They’re EPA-approved and fully tested by independent labs for use on the face. While end-buyers need masks immediately, the urgency to provide them shouldn’t trump common sense, she says.

“Make sure you’re working with suppliers that validate their supply chain,” she says. “If they don’t, then don’t do business with them. Don’t deviate from your normal business practices. And make sure your client knows they’re not for medical use. They’re a deterrent for the virus to mitigate spread, but they’re not much more than that.”

In this episode of Promo Insiders, Sara Lavenduski, senior editor of Advantages magazine, speaks with product safety and compliance expert Larry Whitney about what promo firms need to know when selling face masks and coverings.

Sourcing masks shouldn’t be any different from sourcing other types of products, like apparel, says Larry Whitney, managing partner at Whitney & Whitney Consulting Group in Oakmont, PA, which specializes in product safety and supply chain compliance. “Distributors should work with suppliers that have done a proper job in conducting due diligence on their mask factories and ongoing quality control on the masks,” he says. He adds that those distributors with indemnification, or “hold harmless,” clauses in the agreements with their suppliers – which acknowledge legal or financial risks inherent in a business relationship – should review what they’ve agreed to.

Flyers, purchase orders and instruction sheets should all include disclaimers, says Peter. They need to spell out that the masks aren’t for medical use, they’re not FDA-certified (only “CDC-recommended” and not “-approved”) and they only help to minimize particle dispersal; they don’t completely prevent the wearer from catching or spreading the virus.

Furthermore, the name of the product (whether it’s a “mask” or “covering”) has no bearing on whether it needs to have a textile label, says Peter. It should be labeled in accordance with the U.S. Federal Trade Commission’s Textile Fiber Products Identification Act as though it’s a piece of apparel, because it’s being worn over the face. This includes the country of origin, fiber care content and a registered identification (RN) number, on a tear label or hang tag.

When it comes to imprinting, Gary Jones, director of Environmental, Health and Safety Affairs at PRINTING United Alliance in Fairfax, VA, suggests avoiding screen prints, since the ink isn’t porous and will further block air from being inhaled. A small print on the cheek could work, though different head sizes could move that imprint toward the breathing area. If possible, use dye sublimation, which shouldn’t pose the same breathing challenges.

“They should always be washed before wearing to remove any residual dye and other chemicals,” he says. “Controlling for allergic reactions is very difficult since everyone is different, but anyone with known allergies should be offered plain masks in fabrics they can tolerate.”

Future litigation concerns
With disclaimers in place and no outsized claims made (e.g., “this mask is guaranteed to prevent the wearer from getting sick”), Lee is fairly confident that promo companies that have done their due diligence won’t be subject to lengthy litigation processes if a wearer tests positive for COVID. “How do you prove the mask was faulty?” he asks hypothetically. “How many places did they go? Did they go anywhere without it? You have to ask them all these questions. We know you can contract it outside, walking behind someone who sneezes. So, they don’t offer 100% protection, and proving 100% liability is very difficult.”

While fabric needs to be tested and certified, Lee says anything worn on the face will likely cause irritation over time, since most people aren’t used to it. “Any prolonged contact with skin that’s not normally touched by material will suffer irritation,” he says. “It’s hard to prove it’s something in the material.”

Jones says if someone wants to sue everyone involved with the mask they’re wearing if they get sick – from the company that gave it to them, to the distributor, to the manufacturer – they certainly have the option to do so, but there are other factors at play. “The key is proving that they got infected at work, their mask failed and that other preventative measures weren’t taken by the employer,” he says.

Anyone selling masks, whether it’s a supplier manufacturing or importing, or an overseas factory from which a distributor sources directly, should have test reports available. “They need to show that the fabrics don’t cause skin reactions,” says Whitney. “Ideally, they’re the same test reports that you’d expect for a garment made of the same fabric.” While distributors should be careful of possible liability, Peter says verifying suppliers, accessing test results, making sure masks are labeled, including disclaimers on all orders and avoiding grandiose claims will put all promo companies on better footing.

“Question suppliers, so you can’t be accused of negligence,” says Lee. “Document, document, document, and keep everything for future reference. If they skirt the issue, go elsewhere.”