Counterfeiting is usually discussed as an intellectual property problem. However, new findings from the UK Intellectual Property Office (UKIPO) are a reminder that the consequences can extend well beyond infringement of a brand owner’s IP rights when it comes to counterfeit consumer products.
The UKIPO has launched its new “Face the Fakes” campaign following tests of counterfeit cosmetics seized in the UK. Of 50 products tested by Trading Standards, 20 failed on safety grounds - equivalent to 40% of the products tested. Potentially harmful substances identified included mercury, lead, methanol and nicotine.
Some of the findings are particularly concerning. One counterfeit fragrance contained around 80% methanol, a toxic alcohol which can cause serious poisoning and, in severe cases, permanent damage to eyesight. A counterfeit skin-lightening cream contained 13,200 parts per million of mercury, exposure to which can damage the kidneys and nervous system.
A growing problem for beauty brands
The campaign also highlights changing consumer buying habits. According to the UKIPO’s latest Counterfeit Goods Tracker, 20% of 18 to 24-year-olds who bought beauty products in 2025 reported knowingly purchasing counterfeit products, compared with just 6% in the 2023 survey. The wider normalisation of ‘dupe culture’ is a particularly difficult issue for brands, and it is at its most perplexing with skincare, cosmetics and fragrance where much of what the consumer is paying for is invisible: the formulation, ingredients, manufacturing processes, testing and regulatory safeguards. Younger consumers who may see themselves as simply opting out of paying a premium for a brand name may also be opting out of the safety and quality controls that sit behind it.
Online sales are a significant part of the picture. The UKIPO reports that 71% of those purchasing counterfeit cosmetics and toiletries did so online. Convincing listings, familiar branding and positive reviews can all make it harder for consumers to distinguish counterfeit products from the real thing but the figures also suggest that, in a significant proportion of cases, consumers may knowingly be accepting that risk.
For brand owners, this creates a difficult tension. The reputation and goodwill that make a brand successful are also what make it attractive to counterfeiters. Consumers may therefore be exposed to poor quality or unsafe products either because they have been deceived into believing a product is genuine, or because they have knowingly purchased a counterfeit without appreciating how significantly its manufacture may differ from that of the genuine product.
More than an IP infringement issue
Legitimate cosmetic products placed on the UK market are subject to regulatory and safety requirements, including controls around ingredients, manufacturing and product safety. Counterfeit products, by contrast, may bypass those safeguards entirely.
Brand owners may therefore find themselves dealing with more than the unauthorised use of their trade marks, packaging or other IP rights. Products of unknown origin and quality can be sold using the reputation the genuine brand has built, creating a real risk of reputational damage if consumers mistakenly associate an adverse reaction or poor-quality product with the legitimate manufacturer.
That distinction will not always be obvious to consumers, particularly online. A convincing product image, familiar branding and positive reviews can give counterfeit goods an appearance of legitimacy. The UKIPO is therefore encouraging consumers to check who they are buying from, use trusted sellers and look carefully at product information rather than relying only on imagery or positive reviews.
What can brands do?
There is no single solution to counterfeiting, but there are practical steps brand owners can take to identify problems early and act quickly:
- Keep IP protection under review. Registered trade marks and, where appropriate, designs provide important tools for taking action against counterfeit products.
- Monitor online sales channels. Regular monitoring of marketplaces and social media can help identify suspicious listings before they gain traction.
- Monitor consumer complaints and social media. Reports of unusual smells, textures, packaging differences, skin reactions or unexpected product performance may provide an early indication that counterfeit products are circulating.
- Preserve evidence before taking action. Take screenshots of listings, seller details, prices and product information. Where appropriate, consider a test purchase - retain the packaging, batch numbers and delivery information and consider laboratory analysis of the product.
- Use the right enforcement route. This may include platform takedowns, cease and desist correspondence or formal proceedings. Where there are product safety or wider criminal concerns, brands should also consider involving the relevant regulatory or enforcement authorities, such as Trading Standards, Customs or, where goods classified as medicines or medical devices are involved, the MHRA.
The key is to have a strategy in place before a serious issue arises. Effective monitoring, evidence preservation and clear escalation routes can put brands in a much stronger position to act quickly, particularly where counterfeit products may also pose a risk to consumers. Brand protection in this sector is not simply about protecting the name on the outside of the packaging or the shape of a bottle. As consumer attitudes towards dupes and counterfeits evolve, it is also about understanding why consumers may knowingly choose fakes and responding to the risks that creates. Ultimately, protecting the reputation of the brand and protecting the consumer increasingly go hand in hand.
