No, they did have them tested and knew they wouldn't pass NIOSH testing. Page 17: https://www.ftc.gov/system/files/ftc_gov/pdf/Razer-PACER-No1....

I encourage everyone to read the complaint, there is no grey area here and no accidents. This was explicit fraudulent behavior by executives (including the CEO) who knew their mask didn't work very well, knew what "N95" means and that their mask couldn't qualify, and made many conscious decisions to lie to the public anyway.