Key points
- A statement of fact can be verified; an opinion cannot. “The product is counterfeit” is a statement of fact, while “the build quality is cheap” is an opinion.
- False statements of fact are not protected by freedom of expression. Businesses affected by them can demand their removal.
- Amazon cannot check for itself whether your goods were genuine or new. What matters is evidence such as certificates, test reports, or invoices from the manufacturer.
Fact or opinion?
Freedom of expression protects value judgments, even sharply worded ones. Statements of fact, on the other hand, are claims whose truth can be verified with evidence. This is the key distinction:
| Statement in the review | Classification |
|---|---|
| “This is counterfeit, not genuine.” | Statement of fact, can be verified through the product’s origin and invoices |
| “The item was used.” | Statement of fact, can be verified |
| “The lid started leaking after two weeks.” | Statement of fact about the reviewer’s own experience, hard to disprove |
| “The build quality is cheap.” | Opinion |
| “Outrageous for the price.” | Opinion |
Many reviews mix the two. In that case, what matters is which element predominates. If a review contains a clear statement of fact that is untrue alongside the criticism, it is often precisely this statement that can be challenged.
Typical false claims
- “counterfeit,” “not genuine,” or “knockoff” even though the goods demonstrably come from the manufacturer (read more),
- “used” or “returned item” even though the item was shipped new,
- “expired” even though the best-before date was still in the future,
- “contains harmful substances,” “toxic,” or “causes cancer” even though test reports show otherwise,
- incorrect information about the product, for example about its material, dimensions, or origin,
- “fraud” as an accusation of specific misconduct that never happened.
What evidence helps
Amazon cannot check for itself whether your goods were genuine, new, or safe. The removal request therefore has to show what is true instead. Helpful evidence includes:
- invoices from the manufacturer or supplier to prove authenticity,
- test reports and certificates, for example on materials or harmful substances,
- product data sheets and photos,
- details of the batch and the best-before date.
Without evidence, it is one person’s word against another’s. In that case, other grounds often have better prospects.
What the law says
False statements of fact are not protected by freedom of expression. If they damage a company’s reputation or business, the company can demand their removal. Platforms like Amazon must act as soon as they are specifically notified of such content. Our partner law firm assesses how an individual statement is to be classified.
How AMZDelete helps
AMZDelete flags reviews with serious accusations such as “counterfeit,” “used,” or “harmful to health” and highlights the relevant passage in the text. When you place the order, you can state directly what is true instead and what evidence you have. The law firm checks whether the statement can be challenged as a false statement of fact and drafts the removal request with a quote and evidence.
Frequently asked questions
Is “fraud” in a review a statement of fact?
That depends on the context. Accusing a seller of fraud often implies specific misconduct, and that can be challenged if it is untrue. If the word is clearly used colloquially as exaggerated criticism, for example of the price, it is usually a permissible opinion.
Do I have to prove that the claim is false?
In court, it is usually the author who has to prove that a claim damaging someone’s reputation is true. For Amazon to act, however, you should explain precisely why the claim is false and back this up with documents. The better the documents, the higher the chance that Amazon removes the review.
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.