The Hidden Threat of Counterfeit Toys During the Holiday Season
As the holiday season approaches and homes fill with joy and gifts, a hidden problem threatens the safety of children: counterfeit toys. From October to December, the holiday campaign accounts for 60% of annual toy sales, but not all products purchased meet European safety regulations. These items can endanger children. Just a few years ago, a child lost their life using a non-approved toy, highlighting the risks of acquiring illegal products often sold as authentic.
The Dangers of Counterfeit Toys
Counterfeit toys not only pose risks to child safety but also have a significant economic impact. According to a 2023 report from the European Union Intellectual Property Office (Euipo), these practices result in an average loss of 8.7% in the total sales value of the sector at the European level, equivalent to €1 billion. In Spain, losses amount to €113 million, 11% of the sector’s turnover, affecting employment with an estimated 5% reduction in direct job positions.
Counterfeiters target the most popular and demanded products. Marta Salmón, president of the Spanish Association of Toy Manufacturers (AEFJ), points out that “the most counterfeited toys are those that are trending: plush toys of successful characters, construction games with movie licenses, or collectibles popular on social networks.” Within weeks, the market is flooded with cheap and unsafe copies. The National Police keep a constant watch on these products, intensifying controls during Christmas.
The Legal and Criminal Aspects of Counterfeiting
Counterfeiting is related to various crimes. Alberto Gallo, associate in the anti-piracy department of Elzaburu, explains: “It is an infringement against industrial and intellectual property, with penalties of up to six years in prison.” Furthermore, its manufacture and importation can involve fraud, smuggling, and violations against health and public finances. To protect themselves, Gallo recommends properly registering the trademarks of these games and taking action according to the case: requesting customs interventions if the items are at the border or filing complaints with the authorities if they are already circulating in the market.
Law Enforcement Efforts and International Cooperation
Jose Luis Gomez, chief inspector of the section on crimes against intellectual and industrial property, assures that surveillance of counterfeit toys is a priority for the police: “It is always on our radar, especially considering the target audience, our youngest ones.” The National Police carry out continuous interventions, intensified during Christmas. For example, an operation last year in the Cobo Calleja industrial estate in Fuenlabrada led to the arrest of a couple selling counterfeit toys of brands like Pokémon and Disney (a batch worth five million euros). They also participate in international operations like Operation Ludus, coordinated by Europol and supported by AEFJ, which has seized fake toys in Europe. In Operation Pokezone, they work with brands, intermediaries, and authorities.
Entry Points and Strategies of Counterfeiters
The traditional entry points for these products into the European Union are seaports. According to Euipo, China, Hong Kong, and Turkey are the main countries of origin. Counterfeiters use various tricks to evade controls. Alberto Gallo highlights the use of the China Export seal, similar to the CE mark (European Conformity), but not meeting European standards. Another strategy is sending goods in small packages to hinder customs inspections. Additionally, they separate toys from labels and packaging, assembling them in the EU after crossing borders. The increase in seizures of fake boxes and labels detected by Euipo in recent years is a result of this tactic.
Identifying Counterfeit Toys and Protecting Consumers
When buying toys, especially online, consumers should watch out for signs of counterfeiting. According to Europol, illegal toys often lack essential information like the CE mark, the electrical safety label, age range, or origin address. Labels may also have errors such as misspelled brand names, multiple barcodes, or overstated age ranges. Marta Salmón emphasizes that illegal replicas are potentially dangerous for child safety, as counterfeiters cut costs on materials and quality control. The most common risk (32%), according to Euipo, is exposure to dangerous chemicals and toxins. To avoid issues, it is advisable to purchase from official websites, check reviews, and be wary of excessively low prices.
Responsibility of Platforms and Legal Recourse
Platforms cannot wash their hands of the issue. As Alberto Gallo explains, “they are not liable if they are unaware that they offer counterfeit products, but they are if they fail to act when notified.”
In case of damages caused by a counterfeit toy, it is possible to claim compensation. Gallo points out that, according to Article 116.1 of the Penal Code, “any person criminally responsible for an offense is also civilly liable if damages or harm result from it.” This means that offenders face criminal consequences, and affected parties can demand compensation. However, identifying alleged culprits is difficult due to the opacity of illegal distribution networks, complicating the legal process to obtain redress.
Conclusion
The demand for cheap products during high-consumption periods like the holidays fuels imitations despite efforts from brands, experts, and authorities to remove them from the market. Therefore, experts agree on the need to educate consumers about the consequences of their choices. Buying counterfeits is not an innocent act: it funds criminal networks, deprives society of taxes needed for hospitals and schools, and jeopardizes the safety of children.
Protecting Like Lego
Alberto Gallo, an expert in anti-piracy at Elzaburu, highlights that toy manufacturers can protect their products with tools like the registration of three-dimensional trademarks. An example is a 2023 judgment from the General Court of the European Union, which rejected a nullity request against Lego’s three-dimensional trademark of human figures. The court concluded that details like the short and rectangular neck or the trapezoidal, smooth, and angular torso were not necessary to manufacture the doll. “Toys can also be protected through copyrights, industrial designs, or patents,” Gallo adds.
FAQ
How can consumers identify counterfeit toys?
- Counterfeit toys often lack essential information like the CE mark, age recommendations, or origin addresses.
- Look for errors on labels such as misspelled brand names or multiple barcodes.
- Be cautious of excessively low prices and buy from official sources.
What legal recourse do consumers have in case of damages caused by counterfeit toys?
Consumers can claim compensation under civil liability laws if damages result from a criminal offense. However, identifying responsible parties can be challenging due to the complexity of illegal distribution networks.