Counterfeiter and supplier of unsafe makeup prosecuted by trading standards
13th March 2018
Traders and individuals who decide to supply counterfeit and unsafe goods over the internet or through local supply chains could face legal action with substantial penalties, as well as losing all the money they have made from their criminal activities, Powys County Council has warned.
The warning has been issued by Powys County Council's Trading Standards Service after it successfully prosecuted one defendant for offering counterfeit and unsafe make up and goods she had bought to sell online.
Storm Cimadoro of 8 Llys Adallen, Trehfren in Newtown, appeared before Llandrindod Wells Magistrates Court on Wednesday 28th February 2018. Storm pleaded guilty to an offence under the Cosmetic Products Enforcement Regulations 2013 for making available Kylie Matte Liquid Lipstick & Lip Liner which contained lead content of 2,715 m5/kg when lead is a prohibited substance for cosmetic products. The labelling of the product failed to contain mandatory information.
She also pleaded guilty to two taken into consideration (TICs) charges under the Trade Marks Act 1994 for offering to supply counterfeit Timberland boots and Ralph Lauren tracksuits.
Magistrates heard that an investigation was conducted by trading standards officers after they received that Cimadoro was supplying suspected counterfeit items on Facebook.
Trading standards officers conducted a warrant and the defendant's address and seized suspect goods. The defendant was interviewed twice during the investigation but as she declined to formally name the supplier of the products, officers had difficulty chasing the supply chain.
Magistrates were told that all makeup has to undergo stringent safety tests and each product must have a technical file to ensure that it complies with current safety legislation. Makeup is not permitted to contain any lead.
Counterfeit makeup of this nature will not have undergone any such safety tests. This Kylie Jenner Matte Liquid Lipstick & Lip Liner contained 2,715 mg/kg parts of lead, exposing purchasers to serious safety and health risks.
Magistrates fined Cimadoro £1,000 for the offences and ordered her to pay £1,000 costs and a £100 victim surcharge, bringing the total to £2,100.
Cllr Jonathan Wilkinson, Cabinet Member for Trading Standards, said:
"We support legitimate businesses and local tax payers by targeting illegal shadow economy activities such as product counterfeiting by individuals. These individuals have little regard to the county's traders and only seek to further destabilise our economy.
"Firm action is needed on any issues related to product counterfeiting to promote fair trading within our community and to take the criminal benefit away from those that conduct in criminal activity.
"We will continue this work to support the intellectual property rights of our local businesses, the wider business community and also the safety of the public in general.
"In addition where safety is concerned, there is an added concern for the residents of Powys. We can't emphasise enough the need for consumers to be vigilant when purchasing cosmetics; while they may be sold at a cheaper price than legitimate beauty products, it is never worth gambling with your health when buying these products."
Clive Jones, the council's Professional lead for Trading Standards, Community Safety and Emergency Planning, said: "It is of concern to us that products like this get into Powys and that sellers will not release details of suppliers
"Counterfeit goods can often be dangerous when it comes to cosmetics or electrical products and clothing and footwear, will be inferior. While these cheap imitations may look like the real deal, hidden inside are a cocktail of potentially damaging ingredients which can have dire health consequences.
"We encounter is individuals solely looking at profit, with no experience in the product they are importing or buying, no knowledge of legitimate supply chains or the original product or concern about the safety of the product they are selling and who don't care about what effect it has on legitimate trade. We will stamp these practises out through education and enforcement.
"Our surveillance on illegal activity involving counterfeiting is increasing. We ask users of auction sites or any person offered suspected counterfeit goods to be vigilant and to warn us of any suspicious sellers through our contact points.
"Alternatively ring Crimestoppers on 0800 555 111. This action would not have been possible without the support of Dyfed Powys Police and we wish to thank officers from the road policing team and intelligence unit."
The council's Trading Standards Service can be contacted on Brecon 01874 623420; Llandrindod Wells 01597 826032; Newtown 01686 617524. Alternatively email firstname.lastname@example.org or visit www.powys.gov.uk/tradingstandards.