Focusing on ‘health and safety’ targets ALL goods, because counterfeits undermine safety, even if the legitimate good does not
Kari Kammel, 2023 - Director of the Center for Anti-Counterfeiting and Product Protection (“the A-CAPP Center) at Michigan State University. Answers to questions from the US Senate Committee on the Judiciary, IP Subcommittee, “Back to School with the SHOP SAFE Act: Protecting Our Families from Unsafe Online Counterfeits” 10/17, https://www.judiciary.senate.gov/imo/media/doc/2023-10-03_-_qfr_responses_-_kammel.pdf //DH
7. Should any revisions be made to the definition of “goods that implicate health and safety?”
The current language in the bill reads:
“‘(iv) The term ‘good that implicates health and safety’ means a consumer product, the use which can lead to illness, disease, injury, serious adverse event, allergic reaction, or death, if the consumer product is produced without compliance with all applicable Federal, State, and local health and safety regulations and industry-designated testing, safety, quality, certification, manufacturing, packaging, and labeling standards.”
I believe this current version of the definition encompasses a good, counterfeit or genuine, that implicates health and safety if it not produced in compliance, which could cover all counterfeits. This is important, because often a genuine good may not implicate health and safety, but the counterfeit of it will.