The Consumer Product Safety Commission is seeking public comment through July 6 on the prevalence and safety risks of mislabeling or unauthorized use of counterfeit certification marks, specifically CPSC and consumer reliance on these marks as indicia of safety and the financial impacts on affected stakeholders.
Section 19(a)(12) of the Consumer Product Safety Act prohibits counterfeit certification markings on any consumer product, barring the sale, offer for sale, distribution in commerce, and import into the U.S. of any consumer product bearing a registered safety certification mark owned by an accredited conformity assessment body, which mark is known, or should have been known, by such person to be used in a manner unauthorized by the owner of that certification mark.
The CPSC is aware of instances in which the misuse of certification marks appears to be part of broader efforts to evade U.S. safety requirements, including conduct that may involve coordinated or cross-border activity. In certain cases, such conduct may raise concerns implicating fraud, conspiracy, or other violations of federal law, particularly where actors knowingly misrepresent compliance to facilitate entry of non-compliant or hazardous products into U.S. commerce.
Accordingly, the CPSC welcomes public input in an effort to better understand the prevalence of mislabeling or unauthorized use of counterfeit certification marks, associated safety risks, CPSC and consumer reliance on these marks as indicia of safety, and the financial impact of the unauthorized use of counterfeit certification marks on manufacturers, importers, testing labs, and consumers. Information may be provided on the following matters:
- types of consumer products most likely to bear counterfeit certification marks;
- types of certification marks that are counterfeited most often;
- steps being taken by testing labs/certifying bodies to protect the integrity of their certification marks;
- the most serious safety concerns with counterfeit certification marks;
- certifying bodies should provide real examples of counterfeit certification marks;
- loss/cost to manufacturers, importers, testing labs, and consumers from counterfeit certification marks;
- main obstacles to preventing/combating counterfeit certification marks;
- prevalence of counterfeit certification marks on products purchased through e-commerce platforms compared to retail stores;
- any country of origin trends related to counterfeit certification marks;
- types of certification marks that are officially recognized or legitimately used to indicate that a consumer product complies with applicable safety standards, as well as the criteria or processes used to determine their legitimacy; and
- any known examples of fraudulent or fabricated certification marks – symbols that are neither associated with any legitimate standards body nor recognized by any certification body – and prevalence of their use on consumer products in U.S. commerce.
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