ENFORCEMENT
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Joint Strategic Plan on Intellectual Property Enforcement<br />
FIG. 20: Real Ingredients and Consequences of Counterfeit<br />
Personal Care Products.<br />
Counterfeit Item<br />
Sunscreen<br />
Cosmetics<br />
(eyeliner, mascara,<br />
lipstick,<br />
foundation)<br />
Perfume<br />
Danger(s)/Containments<br />
Detected<br />
No SPF protection<br />
Carcinogens like arsenic,<br />
aluminum, lead, bacteria<br />
Urine, contaminated<br />
water, carcinogens<br />
FIG. 21: Working Conditions of a Counterfeit Perfume<br />
Factory Exposed.<br />
including, for example, under the Federal Food, Drug<br />
and Cosmetic Act (FD&C Act). 77<br />
These products have been found to contain<br />
substandard and dangerous substances, or otherwise<br />
fail to perform as advertised, causing adverse physical<br />
reactions such as rashes, acne, psoriasis, and eye<br />
infections, 78 burning, and ineffectual family planning<br />
protection to the consumer. 79<br />
While counterfeiters may have targeted “highend”<br />
products in the past, seizure data and criminal<br />
prosecutions confirm that counterfeit personal care<br />
products have evolved to include everyday health and<br />
beauty items. 80 Counterfeits within this product category<br />
pose significant dangers to consumer health and safety,<br />
and also undermine consumer trust in the quality and<br />
safety of branded products in the marketplace.<br />
Example: Counterfeit Consumer Electronics &<br />
Electrical Products.<br />
Counterfeit electrical products pose high risks to<br />
public health and safety as these products are often<br />
manufactured with inferior materials through sub-standard<br />
processes, without regard for any labeled ratings,<br />
certifications, or customer safety requirements, leading<br />
to increased risk of malfunctions that may cause serious<br />
injuries, including electrical shock and death.<br />
According to recent CBP figures, counterfeit electrical<br />
products have grown to now represent 18 percent of<br />
all seizures, with approximately $135 million in seized<br />
fake products destined to consumers in the U.S.<br />
market. 81 From personal electronics such as headphones<br />
to smartphones and related accessories like power<br />
adapters and charging cords and devices, consumers<br />
are unknowingly at increasing risk of bringing home<br />
dangerous devices. 82<br />
SECTION 1<br />
8, 2015 to May 4, 2015, resulted in the seizure of more<br />
than 31,000 counterfeit personal care products, with a<br />
combined manufacturer’s suggested retail price<br />
of $541,000. 76<br />
Counterfeit personal care products are reported as<br />
being produced in highly unsanitary conditions (FIG.<br />
21), with little regard for the safety of the consumer.<br />
Unlike authentic personal care products that go through<br />
rigorous development and testing procedures, counterfeit<br />
personal care items are not subject to the same strict<br />
safety and effectiveness requirements as genuine articles,<br />
FIG. 22: Overheated Counterfeit Extension Cord.<br />
Source: Underwriters Laboratories (UL) (Fake cord caught on fire<br />
when plugged in and put under a heavy electrical load)<br />
34