What should you do if you accidentally buy fake goods from a KOL or KOC?

No one has cheaper prices than my livestream today!”, “Honestly, you will be absolutely obsessed with this product!”, “100% authentic, you guys have nothing to worry about!”,… These are the familiar catchphrases frequently used by KOCs (Key Opinion Consumers) and KOLs (Key Opinion Leaders) when livestreaming sales on social networks or e-commerce platforms. However, in reality, quite a few consumers end up in a "money lost, trouble gained" situation because the products they receive turn out to be fakes. So, what should we do if we accidentally buy counterfeit goods?

1. Identifying counterfeit goods

a. What are counterfeit goods?

According to Clause 7, Article 3 of Decree 98/2020/ND-CP, amended and supplemented by Decree No. 24/2025/ND-CP, counterfeit goods include the following characteristics:

Goods that have no use value or utility, or have use value or utility that does not match the announcement. Example: A product registered as premium weasel coffee but is mixed with soybean powder and corn powder, where soybean powder and corn powder account for 40%, causing the caffeine content to be lower than the Vietnamese quality standard.

Products whose quality indicators or technical characteristics only reach 70% or less compared to the registered standards or what is stated on the goods' label. Example: A skincare serum with an ingredient list stating 15% Hyaluronic Acid, but in reality, it only contains 5% Hyaluronic Acid.

b. What are intellectual property counterfeit goods?

In addition, intellectual property counterfeit goods (according to Article 213 of the Law on Intellectual Property 2005, amended by Clause 79, Article 1 of the amended Law on Intellectual Property 2005, amended and supplemented in 2022) include trademark counterfeit goods, geographical indication counterfeit goods, and pirated goods, understood as follows:

+ Trademark counterfeit goods are products bearing signs identical to or confusingly similar to protected trademarks without the owner's permission, such as inadvertently buying bags or shoes that counterfeit major protected brands like Gucci, Chanel, Christian Dior, Dior, Celine. Example: Adidas sandals or Christian Dior watches printed with the company's logo in colors similar to the authentic ones but processed in an illegal handicraft workshop.

+ Geographical indication counterfeit goods are goods or their packaging bearing signs, stamps, or labels containing signs identical to or confusingly similar to the protected geographical indication used for that very item, and the affixing of this sign is carried out by an organization or individual who does not have the right to use the geographical indication as prescribed, such as fish sauce brewed in an unknown location but labeled as “Phu Quoc fish sauce” on the packaging.

+ Pirated goods are copies produced without the permission of the copyright owner or related rights owner, such as reprinted books (pirated copies) copied verbatim from the official book, then printed, bound, and sold without asking for the author's permission. Example: Books, documents, and textbooks printed and sold at photocopy shops around universities.

2. What regulations should KOLs/KOCs pay attention to when conducting advertising activities?

Besides effective communication to fulfill agreements with brands, KOLs/KOCs must also prioritize the responsibility of protecting consumers from poor quality and falsely originated products. Protecting consumers is also protecting themselves. If they only chase sales, commissions, and profits while ignoring the factor of verifying product quality, they will not only erode customer trust but also face administrative penalties or criminal liability.

According to the Law on Advertising 2012, Point a, Clause 1, Article 22 of the Law on Protection of Consumers' Rights 2023, it is stipulated that - if a business organization or individual sponsors a KOL/KOC to provide information, the KOL/KOC is considered a third party and must bear responsibility as an information provider to consumers. KOLs/KOCs have the obligation to ensure accurate and complete information and publicly disclose their sponsorship.

* Legal responsibilities of KOLs/KOCs:

Accordingly, if a product advertised by an influencer or celebrity is identified as counterfeit, this person may face:

- Administrative penalties: A fine ranging from 60 to 80 million VND under Clause 5, Article 34 of Decree 38/2021/ND-CP if the advertisement is incorrect or misleading about the goods.

- Criminal liability: They may be held criminally liable for the Crime of False Advertising stipulated in Article 197 of the Penal Code, subject to non-custodial reform for up to 3 years, or a maximum fine of 100 million VND, or a ban from practicing the profession for up to 5 years.

Notably, the Law on Protection of Consumers' Rights 2023 has officially included KOLs/KOCs in its scope of regulation. They have joint liability if they provide inaccurate or incomplete information about the product in accordance with Point c, Clause 1, Article 22 of this Law. However, in reality, KOLs/KOCs do not entirely know the detailed ingredients of the products, which ingredients are beneficial, and which are harmful to consumers' health. These details are often concealed by the brands so that the KOL/KOC can promote the product in the most objective and fair manner.

3. How to handle buying counterfeit goods by mistake

We need to be highly vigilant against cheap, unusually cheap items, or brands we have never heard of. When trusting and buying that product from a KOL/KOC, no one will guarantee that those products meet the standards, quality, and do not cause harm to consumers. If you have already trusted and supported a KOL/KOC, we would like to propose the following handling plans when buying counterfeit goods from a KOL/KOC:

i. Check the basic information on the product, compare it with a product that is definitely authentic:

Consumers need to be alert, carefully verify information before and after buying goods from a KOC, KOL; It is necessary to carefully check products that directly affect one's health such as: cosmetics, medicines, dietary supplements,...

ii. Stop using when there are abnormal symptoms:

It is necessary to record abnormal symptoms, and at the same time take the product to a pharmacy or medical examination and treatment facilities for them to check your health condition as well as the product quality.

iii. Report and complain:

Report to the KOC/KOL or the manufacturer. If it is not resolved satisfactorily, you can send a complaint to the local Market Surveillance Agency, the General Directorate of Market Surveillance, the Vietnam Consumer Protection Association, along with evidence that the product is a counterfeit: product inspection certificate proving it is fake goods.

The sweet words "The goods I sell, if you buy and use them but aren't satisfied, return them to me!" - but in reality, how many people dare to step up and take responsibility when problems occur? Consumers need to be alert, wise to choose the right person and the right place to put their trust in. Be bold to complain, condemn and demand your rights if you discover you are a victim of counterfeit goods, use the law to protect your rights and avoid the problem of "fake goods online". Only then will the online shopping environment truly be transparent and safe.

Contact Information

DL PINNACLE LAW FIRM LLC

Address: 3rd Floor, 18A/76 Nguyen Thi Minh Khai, Da Kao Ward, District 1, Ho Chi Minh City

Hotline: 0914.491.911

Email: info@dlpinnacle.vn

Website: https://www.dlpinnacle.vn