Last week, after a sanitized entry into a Taxi, the Uber driver remarked, “The government could be putting all the efforts to ensure compliance to use of sanitizers, but the worst enemy are Kenyan traders who deal with counterfeits. This can only accelerate the corona spread.

There is unspoken fear among populations on the possible outcomes of using counterfeit products in the wake of COVID 19. The fear has sunk to Kenyans on how counterfeit products can jeopardize their health and safety. Under ordinary circumstances, trade in counterfeits looks like harmless and victimless to the society. On several occasions, the Anti-counterfeit Authority Inspectors together with Kenya Police have had a rough time in downtown Nairobi dealing with riotous crowds during illicit trade operations. They had been profiled as anti-business and not promoters of trade. 

Epidemic-driven demand

The reason behind counterfeiting is greed for money as explained by economists in the “Free-rider" theory. It a market failure problem certain people obtain benefits from the expenses or investment made by the rightful owners. It happens when unscrupulous traders use known trademarks to sell their own products at the expense of the original manufacturers.

 Report of recent seizures of counterfeit and substandard sanitizers by multi-agency reams led by the Anti-counterfeit Authority, the Kenya Police and the Kenya Bureau of Standards in Namanga Border, Nairobi and Nakuru counties are proof that unscrupulous traders have begun to take advantage of this crisis and may move to known trademarks in future. In a press release on looming trade in counterfeit products the Ant-Counterfeit Authority Executive Director Mr. Elema Halake stated that, “We received information from members of the public that, some traders are selling counterfeit sanitizer,  we are working with the Directorate of Criminal investigations (DCI) and the Kenya Bureau of Standards to nab the manufacturers.”

While the government may have made great efforts towards preventive measures to deal with COVID- 19, the upsurge in demand of sanitizers and detergents could lead to counterfeiters to take advantage of this unique opportunity.  This crisis-driven demand coupled with lack of trusted consumer brands on our shelves could lead to ideal conditions for product counterfeiting.

Beware of counterfeiters

History can vindicate this reasoning. For example, during the Ebola crisis, there was no vaccine available to treat infected patients, so health care providers focused on treating the symptoms and related infections that came along with the disease. Counterfeiters worked hard to get counterfeit versions of common medications into the legitimate supply chain, as demand for these goods rose.

From a study contacted by the Anti-Counterfeit Authority close to 70% of Kenyan urban consumers have a good ability to identify counterfeits from genuine brands. It is therefore important to raise consumer awareness on the possibility of this occurrence and educate consumers on salient product authentication aspects they can rely on. This is the time for consumers to be more vigilant in mitigating risks of being a victim to this trade by using time tasted authentication measure’s that can be called the 4p.s.

The 4P Salient features

Check the price: Consumers should be weary of very low prices from non-government subsidized known trademarks. If it’s too cheap to be true, it probably is. Don’t fall a victim of buying products because of poor pricing. Consumers should verify the brand they are buying with the manufacturers if need be.

Check the Packaging and labeling: For inconsistencies and errors such as spelling, designs, poor packaging and product spillovers or dirty containers. These are indicators of nonconformity to known standards.

Your Perception: Most brand owners rely on the much earned brand loyalty derived from a nostalgic experience by buyers. By being repeat customers, they give manufacturers a competitive advantage a key possession to rational manufacturers. Consumers should trust their sense of smell, touch, sight in seeing any physical characteristics that is inconsistent with their experience.

Check the Place; most known trademark owners the owners of the intellectual property have defined routes to their markets. They have known distributors, vans, production sites etc. It is important for consumers to purchase from the known outlets and avoid new merchants and online sites that may be conduits of counterfeit trade.

Call for private sector intervention

SME and local manufacturers need to rise to the occasion as the challenge by the Cabinet Secretary, Industry and Trade Betty Maina and fill the gap by producing the much needed ventilators, face masks, and sanitizers to help fight Corona but also wipe out the chance for counterfeits.   It is during times like this of adversity when the environment is conducive to counterfeits.

Lastly, it is important for brand owners to create consumer awareness on how to buy legitimate products. For companies that sell through distribution, it is essential that they maintain a list of approved vendors and publish in a way that is easily accessible to consumers.

While the demand maybe too high to beat the optimal production capacity, it is important to look at how the developed world is handling the pandemic and there are lessons for us to adopt. In the US, we have seen the conversion of alcohol manufacturing plants convert to manufacturing of sanitizer etc. We have similar in our country and region where they can address shortages easily while maintaining quality. And together we must stop the counterfeiters in their tracks! 

 By Tom Muteti,
Chief Public Communications Officer at Anti Counterfeit Authority