Pfizer is sponsoring a new ad campaign to illustrate the dangers of counterfeit medication. The danger jauntily illustrated here - pills made of rat poison. Yum.
realdanger.co.uk | The real danger of counterfeit medicines
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Showing posts with label fakes. Show all posts
Showing posts with label fakes. Show all posts
Thursday, January 22, 2009
Friday, January 9, 2009
Shattered
Some sad news earlier this week for lovers of fine china: Waterford Wedgwood - the makers of luxury crystal and glassware products - has filed for bankruptcy protection. Citing the current economic climate and credit crunch as the reasons for taking this action, Waterford Wedgwood has taken vowed to continue operations while seeking a buyer. No doubt, the company's 7,700 employees worldwide cannot feel too comfortable with this vow in a climate like the present.
Like many companies going out of business, Waterford Wedgwood has been the target of counterfeiters who could foist fake glass and crystal to the public. In good times, counterfeiters are an expensive nuisance to companies like Waterford Wedgwood. Not only do counterfeiters cost companies sales, but companies also must enforce their brand by hiring investigators and lawyers to go after the counterfeiters. These actions can typically cost a company like Waterford Wedgwood tens of thousands of dollars each year. And if companies don't spend this money, counterfeiters can then counterfeit with impunity, decreasing profit margins even more. In the current economy, careers can be as fragile as crystal. For Waterford Wedgwood's employees, the nudge from counterfeiters could leave their jobs and lives shattered.
Like many companies going out of business, Waterford Wedgwood has been the target of counterfeiters who could foist fake glass and crystal to the public. In good times, counterfeiters are an expensive nuisance to companies like Waterford Wedgwood. Not only do counterfeiters cost companies sales, but companies also must enforce their brand by hiring investigators and lawyers to go after the counterfeiters. These actions can typically cost a company like Waterford Wedgwood tens of thousands of dollars each year. And if companies don't spend this money, counterfeiters can then counterfeit with impunity, decreasing profit margins even more. In the current economy, careers can be as fragile as crystal. For Waterford Wedgwood's employees, the nudge from counterfeiters could leave their jobs and lives shattered.
Saturday, November 1, 2008
Terror in a Bottle
From The Independent in Britain, millions of British citizens could potentially be at risk from counterfeit medication. From high blood pressure and anti-cancer medications to Viagra, the problem is serious. With the World Health Organization estimating that 1% of all medications worldwide are counterfeit, seven million prescriptions in Britain per year could be counterfeit.
The counterfeit medicine problem is complicated by several factors: first, medicines are frequently packaged and repackaged and sold and resold in Europe. This sheer complexity of the supply chain can make enforcement difficult. And diagnosis of counterfeit medications can also be difficult. Was it a fake pill that caused a "natural death" in a sick patient? Current medical procedures do not test the medication, meaning that plenty of dangerous pills could be ingested
And one other thing to worry about: terrorists. Intentional adulteration and sabotage of medicine is possible. With detection difficult and danger high, poisoning drugs could be low-hanging fruit for evil doers.
The counterfeit medicine problem is complicated by several factors: first, medicines are frequently packaged and repackaged and sold and resold in Europe. This sheer complexity of the supply chain can make enforcement difficult. And diagnosis of counterfeit medications can also be difficult. Was it a fake pill that caused a "natural death" in a sick patient? Current medical procedures do not test the medication, meaning that plenty of dangerous pills could be ingested
And one other thing to worry about: terrorists. Intentional adulteration and sabotage of medicine is possible. With detection difficult and danger high, poisoning drugs could be low-hanging fruit for evil doers.
Friday, October 17, 2008
Signs of the Times
Underwriters Laboratories, the guardian of global product compliance, has issued a press release warning customers that signs made by a company called "Clover Signs" bears the UL mark without having been approved.
Wednesday, October 15, 2008
PRO-IP Act
President Bush signed the Prioritizing Resources and Organization for Intellectual Property Act (a.k.a., the PRO-IP Act) earlier this week.
You can read about it here and here. The full text of the PRO-IP Act can be found here.
The PRO-IP Act establishes increased penalties for counterfeiting violations and strengthens America's ability to combat counterfeiting, including by the following means:
In addition, there has been some debate on whether the full intent of the law will be carried out. For example, Counterfeit Chic's Susan Scafidi writes that the new Intellectual Property Czar will likely be appointed by the next President. Unless there is a late surge by Senator McCain, Senator Obama is likely to be elected the next President. Scafidi believes that he could then appoint Larry Lessig as the first IP Czar to enforce provisions of the PRO-IP Act. While Lessig advocates a radical loosening of enforcement of copyright, his primary focus is on the intangible world of the internet rather than physical counterfeiting. Lessig has shown relatively little interest in undermining the real world regime, and as such, I must respectfully dissent from Professor Scafidi's analysis (at least in terms of "real world" counterfeit goods).
Wired's Threat Level Blog is polling its readers on who should be the next Intellectual Property Czar here.
And while $25 million dollars sounds impressive, the actual application of the monies (spread over the entirety of the United States) may well be insufficient for the task at hand.
While attention and controversy swirl around the copyright/media portion of the PRO-IP Act, there is little doubt and debate that for the real world manufactured counterfeits, the increased enforcement is very welcome and a very positive step in the right direction.
You can read about it here and here. The full text of the PRO-IP Act can be found here.
The PRO-IP Act establishes increased penalties for counterfeiting violations and strengthens America's ability to combat counterfeiting, including by the following means:
- Treble damages in civil actions and a doubling of criminal fines.
- Strengthened penalties against sellers of counterfeit goods that do physical harm.
- Increased seizure ability by law enforcement in copyright cases (normally, pirated media rather than counterfeited manufactured goods).
- Increased diplomatic resources and attention to the problem of counterfeiting and piracy by dedicating ten "Intellectual Property Attaches" to staff American embassies to promote the protection of intellectual property as a formal component of international relations.
- $25 million to help local law enforcement develop anti-counterfeiting law enforcement techniques.
In addition, there has been some debate on whether the full intent of the law will be carried out. For example, Counterfeit Chic's Susan Scafidi writes that the new Intellectual Property Czar will likely be appointed by the next President. Unless there is a late surge by Senator McCain, Senator Obama is likely to be elected the next President. Scafidi believes that he could then appoint Larry Lessig as the first IP Czar to enforce provisions of the PRO-IP Act. While Lessig advocates a radical loosening of enforcement of copyright, his primary focus is on the intangible world of the internet rather than physical counterfeiting. Lessig has shown relatively little interest in undermining the real world regime, and as such, I must respectfully dissent from Professor Scafidi's analysis (at least in terms of "real world" counterfeit goods).
Wired's Threat Level Blog is polling its readers on who should be the next Intellectual Property Czar here.
And while $25 million dollars sounds impressive, the actual application of the monies (spread over the entirety of the United States) may well be insufficient for the task at hand.
While attention and controversy swirl around the copyright/media portion of the PRO-IP Act, there is little doubt and debate that for the real world manufactured counterfeits, the increased enforcement is very welcome and a very positive step in the right direction.
Monday, July 21, 2008
eBay to Meet with Walpole
eBay will be sitting down with British luxury goods association the Walpole Group on July 28 to hash out possible "middle ground" solutions to the problem of counterfeiting.
Friday, July 18, 2008
Pride of Ownership
A piece in today's Financial Times of London from our own Frederick Mostert, Chairman and Co-Founder of the Authentics Foundation.
Thursday, July 10, 2008
Another Wrist Slap
Some more news of enforcement against dealers of counterfeit drugs. Here, British authorities got convictions against Mr. Shabbir Hussain and Mr Mohammed Yasser Zaidi and seized just under half a million British pounds worth of counterfeit drugs.
Again, that the authorities are devoting resources to enforcement of anti-counterfeit drug laws is good news. The publicity brings attention to the problem. Unfortunately, the attention also allows the public to weigh costs and benefits of the criminal activity, and such weighing is obviously not good. Mr. Hussain did receive a four year sentence, while his co-conspirator Mr Mohammed Yasser Zaidi received a suspended sentence plus community service.
Let's take a look at drug laws in the United Kingdom.
Contrast these laws in the UK for dealing narcotics with the penalties imposed against Mr. Hussain, who operated his business dealing counterfeit drugs. Four years can be a long time, particularly for someone of his age, 55. However, the penalties for counterfeit drug distribution pale in comparison with penalties for Class A and Class B drug distribution.
These laws need to be updated.
Considering that consumers who take counterfeit drugs are most often doing so without knowledge that the drugs taken could be counterfeit or dangerous, one could make a case that the pusher of counterfeit drugs needs to be punished as much as the pusher of narcotics, whose victims are at least informed about the risks they take (albeit, often influenced by addiction).
Quoting Mick Deats, Group Manager of Enforcement at the MHRA, MedicalNewsToday said,
Again, that the authorities are devoting resources to enforcement of anti-counterfeit drug laws is good news. The publicity brings attention to the problem. Unfortunately, the attention also allows the public to weigh costs and benefits of the criminal activity, and such weighing is obviously not good. Mr. Hussain did receive a four year sentence, while his co-conspirator Mr Mohammed Yasser Zaidi received a suspended sentence plus community service.
Let's take a look at drug laws in the United Kingdom.
Penalties for possession and dealing
| | Possession: | Dealing: | |
|---|---|---|---|
| Class A | Ecstasy, LSD, heroin, cocaine, crack, magic mushrooms, amphetamines (if prepared for injection). | Up to seven years in prison or an unlimited fine or both. | Up to life in prison or an unlimited fine or both. |
| Class B | Amphetamines, Methylphenidate (Ritalin), Pholcodine. | Up to five years in prison or an unlimited fine or both. | Up to 14 years in prison or an unlimited fine or both. |
| Class C | Cannabis, tranquilisers, some painkillers, Gamma hydroxybutyrate (GHB), Ketamine. | Up to two years in prison or an unlimited fine or both. | Up to 14 years in prison or an unlimited fine or both. |
Contrast these laws in the UK for dealing narcotics with the penalties imposed against Mr. Hussain, who operated his business dealing counterfeit drugs. Four years can be a long time, particularly for someone of his age, 55. However, the penalties for counterfeit drug distribution pale in comparison with penalties for Class A and Class B drug distribution.
These laws need to be updated.
Considering that consumers who take counterfeit drugs are most often doing so without knowledge that the drugs taken could be counterfeit or dangerous, one could make a case that the pusher of counterfeit drugs needs to be punished as much as the pusher of narcotics, whose victims are at least informed about the risks they take (albeit, often influenced by addiction).
Quoting Mick Deats, Group Manager of Enforcement at the MHRA, MedicalNewsToday said,
"Counterfeit medicines are dangerous, these medicines would have found their way into high street pharmacies and onto the internet. Counterfeit medicines contain impurities, wrong ingredients and are not manufactured to the exacting standards required to safeguard public health. This is the latest in a series of successful prosecutions which should serve as a clear message to those contemplating involvement in this serious criminal activity that the MHRA is determined to take the strongest possible action against any person involved in the sale and supply of counterfeit medicines."Mr. Deats is correct. The problem is, publicizing light punishment for lucrative enterprises could well do more harm than good.
Tuesday, July 8, 2008
Enforcement Roundup
Some news from around the world in the last few days concerning police busts of counterfeit rings:
- Clothing in Australia
- Counterfeit CDs and DVDs in Ireland
- A grab bag of fake goodies in my hometown of Brooklyn, NY
- Canal Street counterfeit scammers going mobile (hat tip: Racked)
Thursday, July 3, 2008
Wrist Slap
Here is a disheartening story that just came over the wire - Viraj Shah was caught with 1.8 million pounds/ over $2 million worth of counterfeit drugs in London, and received a 51 week suspended prison sentence.
Any person possessing that much counterfeit medication is likely to have considerable assets, if only to purchase and sell at his point on the supply chain. He would also likely possess at least some information relating to his supply chain, such as who bought counterfeit drugs from him and who may have sold counterfeit drugs to him. And yet, there is no talk of a fine or even any certainty of Mr. Shah serving one day in prison. And, it does not appear from the article that Mr. Shah relayed any useful information concerning his cohorts to prosecutors.
Now maybe there is information on this case that the public is not aware of yet. Perhaps this man did inform on his partners in crime sotto voce, or maybe the state's case had a fatal flaw. But there is no evidence that any deal was made - the man was prosecuted, tried, convicted and sentenced.
The dangers of counterfeit medication are manifest and well-documented. Aside from possibly being ineffective and causing indirect harm, counterfeit medicines may well contain incorrect dosages or be made out of substances like cement powder - or worse.
The goals of criminal law enforcement are to mete out justice, rehabilitate the criminal and provide disincentives for the criminal and the public to engage in similar future behavior. Given the reckless dangers involved in dealing fake meds, it is clear that the crime well exceeded the very light punishment. There is also no evidence that Mr. Shah has been rehabilitated or even feels remorse for his actions. And as far as providing disincentives, the public has now been made aware of a lucrative career with extremely limited downside. So until the state gets serious about getting tough on people like Mr. Shaw, this problem will not get better.
With this publicity, it will likely get worse.
UPDATE: The press release from the U.K. Medicines and Healthcare products Regulatory Agency (MHRA) describes how Mr. Shah got caught (inspection of consignments at Heathrow Airport) and the sentencing process (Mr. Shah plead guilty, and will perform community service in addition to his suspended sentence).
Any person possessing that much counterfeit medication is likely to have considerable assets, if only to purchase and sell at his point on the supply chain. He would also likely possess at least some information relating to his supply chain, such as who bought counterfeit drugs from him and who may have sold counterfeit drugs to him. And yet, there is no talk of a fine or even any certainty of Mr. Shah serving one day in prison. And, it does not appear from the article that Mr. Shah relayed any useful information concerning his cohorts to prosecutors.
Now maybe there is information on this case that the public is not aware of yet. Perhaps this man did inform on his partners in crime sotto voce, or maybe the state's case had a fatal flaw. But there is no evidence that any deal was made - the man was prosecuted, tried, convicted and sentenced.
The dangers of counterfeit medication are manifest and well-documented. Aside from possibly being ineffective and causing indirect harm, counterfeit medicines may well contain incorrect dosages or be made out of substances like cement powder - or worse.
The goals of criminal law enforcement are to mete out justice, rehabilitate the criminal and provide disincentives for the criminal and the public to engage in similar future behavior. Given the reckless dangers involved in dealing fake meds, it is clear that the crime well exceeded the very light punishment. There is also no evidence that Mr. Shah has been rehabilitated or even feels remorse for his actions. And as far as providing disincentives, the public has now been made aware of a lucrative career with extremely limited downside. So until the state gets serious about getting tough on people like Mr. Shaw, this problem will not get better.
With this publicity, it will likely get worse.
UPDATE: The press release from the U.K. Medicines and Healthcare products Regulatory Agency (MHRA) describes how Mr. Shah got caught (inspection of consignments at Heathrow Airport) and the sentencing process (Mr. Shah plead guilty, and will perform community service in addition to his suspended sentence).
eBay's European PR Offensive
PR Week reports on eBay's public relations counteroffensive in the wake of this week's legal setback in France. The article notes eBay's involvement with the Knock Off Nigel initiative, as well as its teaming with various organizations to fight online fraud (including The Authentics Foundation, which sponsors this blog and the myauthentics.com website).
Tuesday, July 1, 2008
eBay Verdict Roundup
Pundits and prognosticators are weighing in on the Paris' Tribunal de Commerce's verdict in which it ordered eBay to pay LVMH Möet Hennessy Louis Vuitton and sister company Christian Dior SA $63.1 million of damages relating to eBay's sales of counterfeit and unauthorized LVMH goods.
Law.com
New York Times
Time (with a focus on French internet provincialism in the wake of the LVMH decision and an earlier French court judgment against eBay in favor of Hermes).
Citing the unusually large damages, the Wall Street Journal Law Blog wonders whether the victory and staggering damages were a product of "home cooking," with a French court ruling for a French company (and against an American company).
Women's Wear Daily notes a less noticed aspect of the decision - a separate award of $4.7 million to LVMH for eBay's selling of brands Parfums Christian Dior, Kenzo Parfums, Guerlain and Parfums Givenchy through unauthorized distribution channels. The French court also ordered eBay to stop selling these brands or face a fine of $79,000 per day.
On the other hand, Richard Waters, writing in the Financial Times, says that focusing on the distribution channel aspect of the decision is an attempt by eBay to distract from the meat of the anti-counterfeiting holding. Waters also draws parallels between eBay's legal challenges in the trademark sphere and copyright challenges facing YouTube.
Meanwhile, BusinessWeek looks at the totality of the eBay ruling and speculates on whether it might be a precedent for the Tiffany v. eBay case currently being decided in New York. BusinessWeek also speculates on the effects of these cases on eBay's bottom line and business model.
Law.com
New York Times
Time (with a focus on French internet provincialism in the wake of the LVMH decision and an earlier French court judgment against eBay in favor of Hermes).
Citing the unusually large damages, the Wall Street Journal Law Blog wonders whether the victory and staggering damages were a product of "home cooking," with a French court ruling for a French company (and against an American company).
Women's Wear Daily notes a less noticed aspect of the decision - a separate award of $4.7 million to LVMH for eBay's selling of brands Parfums Christian Dior, Kenzo Parfums, Guerlain and Parfums Givenchy through unauthorized distribution channels. The French court also ordered eBay to stop selling these brands or face a fine of $79,000 per day.
On the other hand, Richard Waters, writing in the Financial Times, says that focusing on the distribution channel aspect of the decision is an attempt by eBay to distract from the meat of the anti-counterfeiting holding. Waters also draws parallels between eBay's legal challenges in the trademark sphere and copyright challenges facing YouTube.
Meanwhile, BusinessWeek looks at the totality of the eBay ruling and speculates on whether it might be a precedent for the Tiffany v. eBay case currently being decided in New York. BusinessWeek also speculates on the effects of these cases on eBay's bottom line and business model.
Monday, June 30, 2008
BREAKING NEWS - LVMH Wins Judgment Against eBay
Luxury goods holding company LVMH, maker of luxury brands such as Louis Vuitton, wins $61 million judgment against ebay for the sale of counterfeit LVMH goods on ebay's website.
Developing.....
Developing.....
Thursday, June 26, 2008
High Tech Labels to Combat Counterfeiting
Underwriters Laboratories hosted the 2008 International Law Enforcement IP Crime Conference that wrapped up today, and unveiled a new labeling technology utilizing a holograph with color-shifting ink that it says will be extremely difficult to duplicate.
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