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Counterfeiting

Product counterfeiting is an Intellectual Property (IP) crime. It is defined as a deliberate attempt to deceive consumers by copying and marketing goods bearing well-known trade marks, together with packaging and product appearance. Product counterfeits look like those made by a reputable manufacturer when they are, in fact, inferior illegal copies that can have a serious impact on the health and safety of the consumer.

Perfumes, like other luxury goods, have long been a major target for counterfeiting, and are one of the most popular kinds of fakes bought in the UK. However, nowadays other cosmetics and personal care items such as skin creams, soaps and toothpastes are also counterfeited; the European Union’s Customs’ statistics for 2007 reported a 204% increase in these kinds of fake products.

Are fake cosmetics unsafe?


Counterfeiters have little regard for cosmetic safety laws. Analysis of past seizures of fake cosmetics and perfumes have found that these products can contain illegal substances which would not pass the usual safety tests. They can pose a health threat to the consumer - for example, there have been cases where fake perfume has caused a serious allergic reaction which may prevent the consumer from ever wearing fragrance again, even a genuine product..

Does counterfeiting finance other crimes?


Profits made from IP crime are used to fund other serious organised crimes such as drugs 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.

How do I recognise a fake product?


Price, place of sale and packaging are three indicators of whether or not a product is genuine. Low-quality packaging, a poor replica of a genuine logo, and misspellings of brand names, marketing text or guarantees are the most frequent signs of a counterfeit product. However, sometimes the copy is so good that it is very difficult to spot the fake one. To avoid counterfeit cosmetics, the best advice is to always buy from a trustworthy source such as large reputable outlets or an official website.

Which? have produced a guide to spotting fake goods which is available online.

The Anti-Counterfeiting Group (ACG) is a not for profit trade association which campaigns against the trade in fakes, on behalf of companies making every kind of product you can think of. ACG provides a forum for brand owners, government and law enforcement to network and collaborate in the fight against IP crime.

For more information about the dangers of fakes, ACG has published two useful documents on this issue:

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Hot fact

The six functions a cosmetic product can perform as specified by the EU rules are – to clean, to protect, to perfume, to correct body odours, to change appearance, and to keep in good condition.

CTPA

The Cosmetic, Toiletry and Perfumery Association (CTPA) is the voice of the cosmetic, toiletry and perfumery industry in the UK. Our members vary from small and medium-sized companies to large multi-nationals and include manufacturers, raw material suppliers and service providers.

Our primary goal is to promote good working practice to ensure that consumers are provided with the very best products. To this end, we co-ordinate the industry's viewpoint on key issues such as science, innovation and safety and maintain an open dialogue with government, both at UK and European level, as well as with international regulatory authorities and key opinion formers.

CTPA recognises that the consumer has a right to understand the processes that industry and the regulatory bodies go through to ensure the safety and efficacy of cosmetic and toiletry products. Over the years we have steadily increased our focus on providing the public with direct access to the industry's perspective and progress on safety, science and innovation.

In April 2008 we launched our consumer information website, www.thefactsabout.co.uk, which provides scientific facts about common ingredients used in cosmetics and the industry's perspective on common safety questions as well as information on how products are regulated to ensure safety and efficacy.

Further information on the work of the CTPA is available from our main website www.ctpa.org.uk which also houses the full set of legislation under 'Cosmetic regulations'.


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