Counterfeit products: How to tell whether you bought one

Once you have an item in your hands, it may be easier to detect whether it's fake or violates copyright

rawpixel via 123rf.com | Used by permission

You thought that pair of shoes or toy or electronics device you bought was the real thing. Now that you have it in your hands, you wonder whether it’s counterfeit or a knockoff. 

Counterfeit products hurt legitimate companies and jobs, can waste our money and can be downright dangerous, according to U.S. Customs and Border Protection. For example, counterfeit electronics lead to more than 70 deaths and 350,000 significant injuries in the United States every year, according to the National Crime Prevention Council. Other types of counterfeit products that pose special risk: lithium-ion batteries, bike helmets, infant sleep products, medications and personal hygiene/beauty products. 

Here are some ways to help figure out whether what you bought might be counterfeit:

Look at the packaging

The U.S. Chamber of Commerce and the Consumer Product Safety Commission recommend scrutinizing packaging and contents. If the packaging has anything suspicious, such as the lack of an original box, sketchy shrink wrapping, sloppy packaging in a box or a broken safety seal if there’s supposed to be one, it could be a counterfeit product. 

Scan the Universal Product Code, using a phone app

Scanning the bar code or QR code should take you to the website for the product, or at least for the company. If it doesn’t, the product could be a counterfeit.

A few highly rated apps are:

  • QR Code & Barcode Scanner by Gamma Play for iPhone (5,300 ratings, 4.3-star average) and Android (2.7 million ratings, 4.5-star average)
  • QR Reader by TapMedia Ltd. for iPhone (1.2 million ratings, 4.7-star average)
  • QR Code Reader, Barcode by Wzp Solutions for iPhone. (52,000 ratings, 4.7-star average)
  • QR & Barcode Reader by QR Scan Team for Android  (55,000 reviews, 4.5-star average)

Some counterfeiters will create fake UPCs, particularly for more expensive products, but that’s not an easy endeavor. It’s more common for a counterfeiter to just leave off any UPC.

Besides a UPC, you can find out whether the product package normally has other security features, such as serial numbers, holograms or RFID tags. With high-demand and often imitated brands such as Nike and Adidas, the companies create a unique UPC for each pair of shoes – with color and size. 

Here’s what the app showed when we scanned UPC/QR codes on products we had.

* | TPIN
We scanned a QR code on these Nike tennis shoes, using an app, to verify it's a Nike product.
* | TPIN
When you scan the UPC code for this bottle, it shows it's Nivea brand, and shows the size.

Check whether the label contains the country of origin

Various categories of products must state the country of manufacture, including clothing, toys and any products for children age 12 and younger.

Many other products require this too if they’re imported. The Tariff Act of 1930 requires that every imported item in these categories must legibly and permanently state the English name of the item’s country of origin. The list of foreign-made products that require this includes:

So if you bought one of these products and it was imported, it must disclose where it was made. If it doesn’t, that points to a problem.

In addition, many products that are manufactured in the United States require a “Made in USA” or similar label. The list of products includes automobiles, most clothing and other items made of textiles, wool or fur.

Further, if an item does say “Made in USA” or something similar, that means it must comply with the Federal Trade Commission’s “all or virtually all” standard. Broadly, this means that “final assembly” of the product occurred in the United States, all significant processing that goes into the product occurred in the United States, and all or virtually all ingredients or components were made and sourced in the United States. If all of those aren’t true, it can’t say it was “Made in the USA.”

Courtesy of CPSC | Public Domain

Look for spelling mistakes on the package

And check out logos and colors that look similar, but are not identical to the genuine corporate logo.

Check whether the entity that sold you the item is an authorized seller for that product

Most consumer products are sold only by companies authorized to sell them. Check the manufacturer’s or distributor’s website for a list of authorized sellers.

Cross-check the serial number

For items such as electronics and small kitchen appliances, you should be able to verify the serial number on the manufacturer’s web site.

Find whether the label cites ingredients and quantity/weight

Items such as medications and cosmetics must comply with various labeling requirements, including the Federal Food, Drug, and Cosmetic Act and the Fair Packaging and Labeling Act. For example, a medication label must list all of the ingredients together and a cosmetics product doesn’t comply if it doesn’t state the net quantity/volume and the name and address of the manufacturer, packer or distributor.

If the label for any of these products isn’t displayed as required, there’s reason to be suspicious. 

Report bad experiences to regulators:

Learn more about counterfeits through the National Crime Prevention Council and Intellectual Property Rights Information and Assistance.

CBP | Public Domain
This graphic from U.S. Customs and Border Protection shows the source of products seized at the border in FY 2023, and the potential value ($2.7 billion) if those products had been sold in the United States.
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Authors

Teresa Murray

Consumer Watchdog, U.S. PIRG Education Fund

Teresa directs the Consumer Watchdog office, which looks out for consumers’ health, safety and financial security. Previously, she worked as a journalist covering consumer issues and personal finance for two decades for Ohio’s largest daily newspaper. She received dozens of state and national journalism awards, including Best Columnist in Ohio, a National Headliner Award for coverage of the 2008-09 financial crisis, and a journalism public service award for exposing improper billing practices by Verizon that affected 15 million customers nationwide. Teresa and her husband live in Greater Cleveland and have two sons. She enjoys biking, house projects and music, and serves on her church missions team and stewardship board.