Counterfeit Product Detection and Proof

In 2017, Operation Mega Flex, an investigation by Customs and Border Protection, seized 43% of the express mail packages arriving from Hong Kong and The Peoples Republic of China. Most of the seizures were because the items were counterfeit, though some were controlled substances.  The European Union Intellectual Property Office and the European Union Agency for Law Enforcement Cooperation (Europol) recently released a report that counterfeit and copyright-infringing goods smuggled into the European Union came primarily from China and Hong Kong in 2019 and 2020.  Do you know whether your product is being counterfeited, your intellectual property is stolen, or your copyright is being violated by China or other countries which ought not to be in the World Trade Organization and have Most Favored Nation status?

When a legitimate manufacturer’s product is counterfeited, consumers become less trustful of the legitimate producer and are less likely to purchase their products in the future. In some cases, the counterfeit products are unsafe and in many others they are simply not of as high a quality.  The sale price of the counterfeit product also undercuts that of the legitimate product.

Anderson Materials Evaluation can provide your company with materials analysis services which will detect the use of different materials or poorly processed materials in counterfeit goods. We can provide you with the proof that the materials substituted for yours are different than those in your product. Please talk to one of our Ph.D. scientists about the suspected product so we can plan a materials analysis investigation that will determine what the counterfeit or suspected counterfeit product materials are or detect processing differences between their material and your own material. Materials substitution in counterfeit products can harm the reputation of your superior and responsible product.

For many products, a single analytical technique may be adequate to distinguish your product unequivocally and scientifically from the counterfeit product. An FTIR spectrum of a polymer or organic material may be sufficient. A detailed and highly sensitive WD-XRF elemental analysis is a good choice for a metal alloy, glass, ceramic, mineral material, or composite materials with inorganic additives or additives such as bromine- or phosphorus-containing organic substances. A material with a treated surface or very thin film on it may be analyzed effectively with XPS surface analysis. UV-Vis reflectometry for a color and haze measurement as a function of the near ultraviolet, visible, and very near infrared wavelength is also very useful for many material surfaces as a means of distinction.

Intercepted shipments of counterfeit products by CBP officers at LAX.
Intercepted shipments of counterfeit products by CBP officers at LAX.