If it's got N95 filters in it, but the design is flawed in such a way that air can just flow around the filters even with ideal fitment, then the mask as a whole is not N95. Now, maybe their design wasn't flawed, we don't actually know that, but N95 is a NIOSH standard only given to products that NIOSH has received and tested to be at a certain standard; Razer neglected to submit their masks to NIOSH in order to get an official rating. Razer could have performed their own tests and listed the level of particulates it blocks at various levels, but marketing it as an N95 respirator implied NIOSH had verified it when they hadn't, which is fraud.

Because the seals on the mask itself weren't rated and they didn't go through FDA authorization. You HAVE to go through FDA clearance if you want to claim your product meets medical standards.