Counterfeiting
defined
Counterfeiting is the deliberate,
unauthorised imitation or reproduction of a genuine product for the purpose of
obtaining financial gain by misleading consumers into believing they are
acquiring the genuine product. It is an Intellectual Property (IP) crime.
Counterfeiting affects a wide range of
products, across several sectors, including food, toys and pharmaceuticals as
well as cosmetics.
All cosmetic products can be counterfeited,
from perfumes and make-up, through to personal care products like toothpastes,
soaps and sunscreens. Such illegal products can have a serious impact on the
health and safety of the consumer.
Correlation tables is a form of
counterfeiting specific to perfumes, in which a perfume bearing a name and
often even a number is marketed and sold based on the branded perfume which it
supposedly resembles.
Risks and
consequences
Dissatisfaction
with purchased products
Counterfeited goods can have a number of
negative impacts on consumers. A counterfeited product may look similar to the
genuine article but will not provide the expected level of quality, efficacy or
enjoyment. Importantly, it will not have followed the legal requirements for
safety and may actually be harmful.
Safety risks
Critically, counterfeited goods pose safety
risks to consumers. Genuine cosmetic
products conform to strict laws that ensure they are safe to
use. They undergo strict safety assessments, are manufactured under very
specific conditions, and European and national systems ensure traceability of
each product. Although companies make considerable efforts to combat
counterfeiting, it is important to realise that counterfeit products by their
nature are not following these safety rules.
Destruction of
products
Counterfeited goods may result also in
financial loss to consumers, as some EU member states require that they be
destroyed and that anyone found purchasing them are fined.
Organised
crime and terrorism
Profits made from IP crime are used to fund
other serious organised crime such as drug and arms smuggling, people
trafficking, identity theft, money-laundering and child pornography. As
reported by Interpol, there is even evidence of profits from counterfeiting
funding terrorist activity. Purchasing counterfeited goods can contribute to
funding criminal activities of this sort.
Economic and societal impact
Counterfeiting also affects societies and
economies at large, from loss of tax revenue to IP infringements that
discourage research and innovation. To legitimate manufacturers, counterfeited
products result in a loss of revenue, which may lead to forced
redundancies.
Recognising a
counterfeited cosmetic product
Counterfeit cosmetics aim to mirror the
originals, often making it difficult to identity them as fake. However, one or
more of the following traits can help identify them:
- Unusually
low price
- Unusual
place of sale e.g. market or train station
- Low-quality
packaging e.g. spelling mistakes
- Differences
in product and/or packaging e.g. colour, shape and font size
- Missing
information e.g. batch number, PAO symbol etc.
Protecting
consumers from counterfeit cosmetics
The customs authorities of
EU Member States are key players in the fight against
counterfeiting. But consumers themselves also have an important role to play by
avoiding counterfeit cosmetics by buying only from reliable merchants, such as
reputable sales points or official websites, and by looking out for traits such
as those listed above and reporting any suspicious activity. Further
information is available from the European Commission
If consumers suspect that good may be
counterfeited, they should be encouraged to contact the brand owner or their
national customs authorities.
How industry
combats counterfeiting
The cosmetics industry takes the safety of
its consumers very seriously and companies collaborate with enforcement
agencies and other public bodies in combatting counterfeiting. If you think you
may have purchased a fake product, or suspect that sales of a product are not
genuine, contact the company concerned. All genuine cosmetic products purchased
in the EU will carry the name of the responsible company with an EU contact
address, and sometimes a customer care line number to call, on the pack.
Alternatively, contact a relevant the anti-counterfeiting body in your country:
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