Key points
- “Counterfeit” or “not genuine” is a statement of fact. If it is untrue, it is not protected by freedom of expression.
- With “fraud,” it depends on the context: as a specific accusation it can be challenged, as exaggerated criticism of the price it is usually allowed.
- Amazon cannot verify authenticity itself. Invoices from the supply chain, serial numbers or certificates make the difference.
The “counterfeit” accusation
Anyone who writes that a product is counterfeit, a knockoff or “not genuine” is making a statement of fact. Whether it is true can be checked: through the origin of the goods, the supply chain and the features of the original. If the accusation is untrue, it is a false statement of fact, and freedom of expression does not protect that.
Accusations like this carry a lot of weight. Buyers stay away from a product when there is talk of counterfeits, and Amazon also takes reports of counterfeits seriously. An unjustified accusation should therefore not simply be left standing.
Check first: could the accusation be true?
Not every counterfeit accusation comes out of nowhere. Before you challenge it, you should rule out that the buyer had an understandable reason:
- Other sellers on the same product page. If other sellers also sell through your product page, the buyer may have bought from one of them.
- New packaging or batch. A changed design or a new production batch sometimes looks like a counterfeit to buyers.
- Mix-up. The buyer is comparing it with a different model or a different brand.
If the cause lies with another seller, that is at the same time a reason to take action against their offer. If it is due to new packaging, a note in the product description helps avoid misunderstandings in the future.
How to prove authenticity
Amazon cannot check for itself whether your goods were genuine. Your report therefore has to show where the goods came from. Helpful evidence includes:
- invoices from the manufacturer or an authorized supplier,
- if you are the brand owner, documents relating to your brand and your production,
- serial numbers, batch numbers or features by which genuine products can be identified,
- test reports and certificates, for example on materials,
- codes from Amazon’s Transparency program, if you take part in it. They can be used to verify the authenticity of individual units.
Without evidence, it is your word against theirs. The more clearly you can show that the goods come from a legitimate supply chain, the better your chances.
The “fraud” accusation
With words like “fraud,” “scammer” or “rip-off,” it depends on the context:
| Statement in the review | Typical classification |
|---|---|
| “At this price, it’s nothing short of fraud.” | exaggerated opinion about the price, usually allowed |
| “Rip-off, the quality isn’t worth the money.” | opinion, usually allowed |
| “The seller is selling used goods as new. Fraud!” | statement of fact, can be challenged if untrue |
| “Scammers, took the money and never delivered.” | statement of fact, can be challenged if untrue; also rates the order instead of the product |
| “The positive reviews here are all paid for.” | statement of fact, can be challenged if untrue |
Anyone who accuses a business of specific dishonest conduct will be judged by whether the accusation is true. If, on the other hand, the word is clearly used only as blunt criticism, freedom of expression protects even harsh words.
How to proceed
- Capture: Take a screenshot of the review with the date and link.
- Quote: Write down the passage containing the accusation word for word.
- Gather evidence: Put together documents on the origin of the goods.
- Report: A false claim is a violation of the law. It can be reported as illegal content or challenged with a substantiated removal request, not just via “Report abuse.”
How AMZDelete helps
In reviews, AMZDelete flags accusations such as “counterfeit,” “knockoff” or “fake” as a serious accusation and words such as “fraud” or “rip-off” as damaging to your reputation, and it highlights the passage in the text. When you place your order, you can state what is actually true and what evidence you have. Our partner law firm checks whether the accusation can be challenged as a false statement of fact and submits a removal request to Amazon with the quote and evidence. You only pay if the review is removed afterwards.
Frequently asked questions
Do I have to prove that my goods are genuine?
In court, it is usually the reviewer who has to prove that the accusation is true. For Amazon to act, however, you should be able to show where your goods come from. The better your documents on their origin, the higher the chance that Amazon removes the review.
What if the buyer bought from another seller?
Then the accusation may be justified from their point of view. Whether the review can still be challenged depends on the individual case. As a brand owner, you can take separate action against counterfeit offers from other sellers.
Is “fake” the same as “counterfeit”?
Usually, yes. “Fake product” or “cheap fake” generally claims that the item is not the original. However, it can also refer to poor quality. What matters is how a reader understands the statement.
This guide gives a general overview and does not replace a legal review of your individual case. At AMZDelete, our partner law firm checks whether a review can be challenged.