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Stopping counterfeit gifts: The federal agency responsible for spotting the fakes

Customs and Border Protection seized more than 23 million products violating intellectual property rights in Fiscal Year 2023 valued at over $2.7 billion.
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When it comes to counterfeit goods, most people may think of handbags or sneakers, but U.S. Customs and Border Protection agents are also working to stop products that Americans put on their skin and in their bodies including makeup and pharmaceuticals.

“Always a popular gift item around Christmas, this is a counterfeit Louis Vuitton handbag,” said Thomas Heffernan, Acting Area Port Director for CBP's Area Port of Baltimore. “Counterfeit Nike sneakers. Some Rolex watches. So, feel how light that is? It's very light, it's something you would get out of a gumball machine.”

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These products are on many holiday wish lists, except the ones shown by Heffernan were seized by CBP and determined to be counterfeits.

“We're looking for intellectual property right violations that would be like counterfeit goods, import safety violations, also goods that are not classified properly,” Heffernan said.

CBP seized more than 23 million products violating intellectual property rights in Fiscal Year 2023 valued at over $2.7 billion.

And it all starts with a manifest sent at least 24 hours in advance.

“That gives Customs and other federal agencies time to research the manifest and to target and decide what we're going to look at,” Heffernan explained.

Agents will closely inspect products looking for different markings, certifications, and workmanship.

“Often, we have to send the goods away. We have a lab that helps us, or we'll send it to the actual trademark holder, and they have ways of verifying it,” Heffernan added.

And while he knows some people might knowingly opt for a knock off to save a few bucks, he warns that these items pose threats to safety, security, and in some cases, your health.

“Women’s makeup, a lot of women will have an allergic reaction to some of these counterfeit products,” said Heffernan.

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And they pay close attention to pharmaceuticals. CBP shared photos of products labeled as Ozempic and Xanax that were seized in November in Philadelphia for violating the Food, Drug, and Cosmetic Act. Both items had come from overseas sellers. They were not tested for authenticity.

CBP also partners with the U.S. Consumer Product Safety Commission (CPSC) to keep recalled products and dangerous toys from getting to consumers.

“These items here have accessible button batteries, and the consequences of swallowing a button battery can be devastating,” said Thaddeus Harrington, a Public Affairs Specialist with CPSC.

The CPSC has investigators working alongside CBP identifying which shipments may contain products that warrant a closer look.

“This product here is a hair dryer, and it's missing a component that helps keep you from being electrocuted if this product falls in the water,” said Harrington. “It's much easier to catch it at the ports than to try to get people to send it in for recall or dispose of it.”

Both agencies are urging shoppers to verify they're buying from legitimate retailers as they hunt for gifts this holiday season.

In FY23, the top 3 items seized by CBP for intellectual property rights violations were handbags and wallets, jewelry, and watches.

For more information on the dangers of counterfeit products, click here.

And click here to see the other 12 Scams of Christmas.

This story was originally published by Mallory Sofastaii at Scripps News Baltimore.