NIOSH update on manufacture approval marking

March 3, 2022

You can feel more secure with your purchases of respirators. Two recent NIOSH updates provide information to assure the medical community and others who depend on quality products. NIOSH Conformity Assessment Letter to Manufacturers (CA 2022-1040) describes the prioritization of applications for respirators and the use of the NIOSH marks. NIOSH Conformity Assessment Letter to Manufacturers (CA 2022-1041) is closely related, informing NIOSH approval holders that the marks N95, N99, N100, P95, P100, the NIOSH logo, and the term “NIOSH-approved” markings have been recorded with the U.S. Patent and Trademark Office as certification marks. NIOSH only allows approval holders to use these certification marks if their respirators meet NIOSH’s regulatory standards. Any misuse of the certification marks on products released to the market, including respirators that have failed to satisfy NIOSH’s regulatory requirements or have not received NIOSH approval, is a direct violation of applicable trademark law and NIOSH may pursue action as necessary.


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