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DEVASTATING IMPACTS/
CONSUMER PROTECTION



source:
www.fda.gov/oc/whitepapers/
consumers.html


europa.eu.int/comm/taxation_
customs/customs/customs_controls/
counterfeit_piracy/combating/
index_en.htm


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More often than not, counterfeit goods are poorly constructed and are unable to perform the functions for which they were designed. They can even pose a risk to consumer health and safety…
  • in the last ten years, several million everyday consumer goods posing a health & safety risk were intercepted by customs worldwide: medicines, food, alcohol drinks, soft drinks, cigarettes, electrical appliances, toys, aircrafts and vehicle parts as well as perfumes & toiletries, clothes & sportswear;


  • counterfeit-related health problems can stem from the absence of active ingredients, contamination, low quality raw materials, a modified expiry date, inadequate labelling and user instructions that may lead to burns, blindness, swelling, cuts, poisoning, allergic reactions, side-effects, unwanted pregnancies, hospital admissions, drug-resistance, diseases and death;


  • according to the World Customs Organization, there are on the market a number of cases of counterfeit ‘branded’ goods containing dangerous and substandard contents: tea bags containing rodent droppings, metal filings and floor sweepings; washing powders containing caustic soda which can burn skin; badly wired Christmas lights which are a fire hazard; children’s clothing not properly flame-proofed;


  • counterfeit goods are usually inferior to the genuine product. For example, perfumes could be harmful to health because of the chemicals used, while other fake products such as video tapes could damage video recorders;


  • during 2000, EU customs administrations intercepted several commercial consignments containing counterfeit vehicle spare parts (for cars, motor bikes and mopeds). Also of concern are numerous customs investigations involving goods such as alcohol and cigarettes, which in terms of numbers (bottles or packets), account for several million articles in European customs statistics. Right holders' experts say that some of the counterfeit cigarettes seized had a rate of nicotine or tar double or triple that indicated on the packet. Counterfeit sweets, chewing gum and rum have now also started to make an appearance;


  • more than 2000 medical kits were seized in a commercial consignment traveling from China to Greece (end of 1999). This medical equipment, consisting of a blood pressure monitor and a stethoscope, was intended for use on heart patients. The counterfeit brand was that of an optical-equipment specialist which did not make this type of item. In this consignment everything was fake, from the packaging to the object itself, as well as the technical note and the European standards attached to it;
  • the volume of counterfeit and other unsafe drugs has risen sharply in recent years, and technologies for distributing tainted, dangerous drugs over the Internet have become more sophisticated. In the United States, the US Food and Drug Administration (FDA) launched in July 2003 a special task force to head off the growing threat of counterfeit drugs. According to the agency, counterfeit drug investigations have increased to more than 20 per year since 2000, after averaging only about 5 per year through the late 1990s;


  • the US FDA’s “Buying Rx Drugs Online” education program is a multi-media campaign, which can be accessed from FDA’s home page. The website includes information for consumers, including tips and warnings on how to spot health fraud. The page is one of the most frequently visited on FDA’s website, and - according to FDA’s officials - they are currently logging approximately 60,000complaints a month in the mailbox;


  • a recent report on Counterfeit Goods and the Public’s Health and Safety released by the International Intellectual Property Institute highlights the growing problem of counterfeit goods in developing countries. The findings also indicate that even though concerns are the greatest in countries where legal provisions for the protection of intellectual property rights are insufficient, ‘good governance’ is lacking and public health and safety systems are insufficient, consumer safety remains a major challenge all around the world. (1)

(1) Michele Forzley, JD, MPH study of July 2003 for the International Intellectual Property Institute, with support from the United States Patent and Trademark Office.
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