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Fake brands: From medicines to food to clothes, they’re out to grab you

Counterfeit goods aren’t just about fake handbags and shoes—they can infiltrate essential industries like healthcare, where the risks are far more severe, including loss of lives.

Siju Rajan

Imagine buying a trusted brand of medicine, only to find out later that it was fake and potentially harmful. Or spending your hard-earned money on a luxury product, only to realize it’s a cheap imitation.

Counterfeit brands have become a massive problem in India, not just for big businesses but also for everyday consumers who unknowingly fall into the trap of fakes.

While some see counterfeiting as a harmless way to get “branded” products for less, the reality is far more dangerous—it hurts businesses, cheats consumers, and even puts lives at risk.

Recently, the Delhi High Court ruled in favor of Johnson & Johnson (J&J) in a major case against counterfeiters. The court awarded the company ₹3.34 crore in damages after fake medical products bearing its name were found in the market.

The culprits, a company called Medserve and its owner, Pritamdas Arora, were caught selling counterfeit surgical products under J&J’s trusted brand names like ‘SURGICEL’ and ‘ETHICON.’

This wasn’t just about financial loss—it was about patient safety. Fake medical products can have life-threatening consequences.

The court came down hard, making it clear that counterfeiting in the medical field isn’t just an economic offence; it’s a crime against public health.

The case is a stark reminder that counterfeit goods aren’t just about fake handbags and shoes—they can infiltrate essential industries like healthcare, where the risks are far more severe.

What exactly are counterfeit brands?

Counterfeit brands are illegal copies of genuine products, made to look real but often lacking in quality and safety. These knockoffs can be found everywhere—fashion, electronics, food, and even pharmaceuticals. While fake branded clothes might seem harmless, counterfeit cosmetics can cause skin reactions, and fake medicines can be outright dangerous.

In India, there are strong laws against counterfeiting, but enforcement is a challenge. The Trademarks Act, 1999 makes it illegal to sell or manufacture fake products, with penalties including up to three years of jail time and heavy fines.

The Copyright Act, 1957 protects original creative works, and the Designs Act, 2000 prevents companies from stealing patented product designs.

Additionally, under the Bharatiya Nyaya Sanhita (BNS) Section 347 Pertains to counterfeiting a property mark, with penalties including imprisonment and fines.

Despite these laws, counterfeit products still thrive, largely because demand for cheap goods is high, and many consumers don’t realize—or don’t care—that they’re buying fakes.

The factories behind counterfeit goods

The heart of the problem lies in hidden factories that churn out fake products.

Some operate in India, while others import counterfeits from countries like China, repackaging them as local brands.

These illegal factories produce everything from fake shampoos to counterfeit food products, with no concern for quality or safety.

When caught, the consequences can be severe. Under the Trademarks Act, 1999, those found guilty of manufacturing counterfeit goods can be jailed for up to three years and fined heavily.

Law enforcement agencies frequently conduct raids, but counterfeiters are always looking for loopholes.

A recent case in Bengaluru highlights this growing problem. Officials raided a factory producing counterfeit FMCG (Fast Moving Consumer Goods) products and seized fake goods worth ₹1.8 crore.

The factory had been manufacturing and distributing fake versions of popular household brands, putting unsuspecting consumers at risk. While one distributor was arrested, the factory owner remains on the run—showing just how difficult it is to track and shut down these operations completely.

Retailers and distributors: Are they guilty too?

It’s easy to blame the manufacturers, but what about the shopkeepers and wholesalers who sell these fake products? Many retailers stock counterfeit items, knowing very well that they’re not the real deal. Some do it for extra profits, while others claim ignorance.

But the law doesn’t see ignorance as an excuse. Section 103 of the Trademarks Act 1999 makes it clear—selling counterfeit products is just as illegal as manufacturing them. Those caught selling fakes can be jailed and fined, just like the producers.

One major example comes from Delhi, where a shopkeeper was ordered to pay ₹5 lakh in damages to Louis Vuitton for selling fake branded belts. The case was a wake-up call for small retailers who think they can get away with selling counterfeit goods. The message is clear—whether you’re a big distributor or a small shop owner, selling fake products can land you in serious legal trouble.

A warning to counterfeiters

Counterfeiting isn’t a victimless crime. It damages brands, cheats consumers, and, in some cases, can even cost lives. While some may see fake fashion items as a harmless way to save money, the reality is that counterfeiting goes far beyond handbags and shoes.

From fake medicines that endanger health to counterfeit food products with harmful ingredients, the risks are real.

Authorities are stepping up their efforts, and companies are fighting back with stronger legal action. If you’re involved in making, selling, or distributing fake products, be warned—the law is catching up.

And if you’re a consumer, think twice before buying that cheap knockoff. In the long run, choosing genuine products isn’t just about quality—it’s about trust, safety, and supporting brands that follow the rules.

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