Fake or Counterfeit Goods: What Consumers Need to Know

Consumers may sometimes encounter sales practices that mislead them into believing they are purchasing genuine, high-value products when the items are actually fake or counterfeit. Under the Consumer Protection Act 1999, deliberately misleading or fraudulent advertising is an unfair trade practice, and businesses that engage in it may face fines or imprisonment.

If You Were Misled Into Buying a Fake Item

If a seller falsely represents a product as authentic, you are entitled to a full refund. You should review the seller’s return policy, as you may need to return the item within a reasonable period of time (often within 30 days).

If the seller has no formal return policy, the Sale of Goods Act 1978 still requires them to offer a refund or replacement when a consumer has been misled about a product’s features or authenticity, again, provided you act within a reasonable timeframe.

Waiting too long may weaken your claim. If too much time has passed, the seller may argue that you accepted the product as-is, and you may need to consider legal action, which must be filed within six years of purchase.

If You Knowingly Bought a Knock-Off

If you knew the item was not authentic (for example, knowingly buying a “knock-off” handbag), you are not entitled to a refund.

• If You Need to Take Legal Action

• If you pursue legal action, you must prove that you did not know the item was fake at the time of purchase. Helpful evidence includes:

• proof the item appeared genuine when inspected,

• when and how you discovered it was counterfeit, and

• confirmation of inauthenticity (such as a verification letter from the brand).

• If the court accepts this evidence, the seller may be required to provide either an authentic replacement or a full or partial refund.

• Protecting Yourself When Buying High-End Goods

Because the burden of proof is high and often difficult to meet, Consumer Affairs strongly encourages consumers to:

• inspect high-value items carefully,

• request a certificate of authenticity, and

• ask the seller to confirm that they are an official distributor of the brand.

• When Price Is Part of the Issue

Some sellers argue that low prices should make it “obvious” the item is not genuine. In these cases, Consumer Affairs recommends considering the business’s advertising:

If the seller implied or advertised that they were selling authentic branded goods or claimed to be an official distributor, this may constitute an unfair trade practice, and you may be entitled to a refund.

If the seller gave no indication that the goods were authentic (e.g., a kiosk selling low-priced items), they are generally not required to issue a refund.

Reporting Sellers of Counterfeit Goods

You are not legally required to report sellers who mislead consumers, but doing so helps protect others. Consumer Affairs encourages you to file a complaint so appropriate action can be taken.