1. Have you seen any examples of mask manufacturers/distributors being sued, either successfully or unsuccessfully?
2. How do you protect against the risk of litigation in everything else you do? For example, being sued by anyone who pays you money (customers or employers)? Their lawsuit may not be successful, but you would still have to defend against it.
On a broader note, if the burden of proof is on the accuser I have no idea how it would be possible to get a lawsuit like that of the ground in the first place. First off, how do you prove it was the mask and not a thousand other things? Also, manufacturers don't say things like "this mask will stop you from getting sick" because they know that would be a really legally stupid thing to say.
figured the reward of getting these KN95's in the hands of folks who need them other than hospitals who have their own supply chains, outweighed the risk of a suit.
we also explicitly state that the masks are for non-medical use and reference the CDC/FDA for everything.
The manner in which you would make a legal claim that the product is not as advertised is to take the mask and use the same certification process the manufacturer claims to be using to test efficacy.