Attorney General Bill McCollum News Release
March 6, 2008
Media Contact: Sandi Copes
Phone: (850) 245-0150
McCollum, Legislative Leaders, U.S. & Fl Chambers of Commerce Unveil Proposed Bills to Combat Counterfeit and Pirated Goods
~Counterfeiting creates serious health and safety risks to consumers who may unknowingly purchase imposter and defective products~
TALLAHASSEE, FL – Attorney General Bill McCollum today joined state Senator Alex Diaz de la Portilla (R-Miami) and state Representative Andy Gardiner (R-Orlando), representatives from the U.S. and Florida Chambers of Commerce to unveil proposed legislation specifically designed to combat counterfeit and pirated goods. Attorney General McCollum noted that counterfeiting creates serious health and safety risks to consumers who may unknowingly purchase imposter products such as pharmaceuticals, household products and automobile parts. The Anti-Counterfeiting Act will include enhanced penalties for anyone who knowingly manufactures, possesses or sells counterfeit goods. The legislation also contains a culpable negligence provision which allows for increased penalties for those who disregard human life or safety when they counterfeit goods.
“Counterfeited goods are not just inexpensive handbags or pirated DVDs. These goods need to be seen for the dangerous threat they truly are – counterfeit, and potentially deadly, prescription medicine, defective medical devices and other unregulated products which could cause serious bodily harm,” said Attorney General McCollum. “Not only do these goods damage our economy, they can devastate our citizens’ health and well-being.”
In addition to the health and safety risks, the Attorney General also noted that counterfeiting and piracy cost the U.S. economy $200-$250 billion per year and are responsible for the loss of more than 750,000 American jobs. The proposed legislation, filed as SB 2374 and HB 1417, is based upon the U.S. Chamber of Commerce’s model legislation which targets those who intentionally manufacture, distribute or posses counterfeit goods for sale as well as those who counterfeit goods which cause bodily injury.
“We are extremely grateful for the leadership of Attorney General McCollum, Senator Diaz de la Portilla and Representative Gardiner on this issue,” said Caroline Joiner, Executive Director of the U.S. Chamber of Commerce’s Global Intellectual Property Center. “Strong commitment at the state level is critical to turn the tide of this growing threat to American jobs, health, and safety.”
“It is vitally important that we take steps to protect our citizens from what could be life-threatening counterfeit products,” said Senator Diaz de la Portilla. “Floridians need to understand the potential danger of some of these products.”
“Protecting our economy is important, but protecting consumers’ lives is even more essential,” added Representative Gardiner. “This legislation will be a significant step toward making Florida a zero-tolerance state for counterfeited or pirated goods.”
The U.S. Chamber brought several examples of seized counterfeit goods. Among the examples was surgical mesh, fake designer handbags, electrical equipment and counterfeit DVDs. Representatives from the International AntiCounterfeiting Coalition were also present at the announcement.
“Counterfeit goods have infiltrated every imaginable product sector – including many that you wouldn’t want to imagine,” said Travis Johnson, Vice President of the IACC. “From everyday consumer goods like toothpaste and shampoo, to pharmaceuticals and automotive parts – the products you use every day, and the brands you’ve grown to trust are under attack by criminals looking to make a profit at all of our expense.”
“The Florida Chamber supports these efforts to protect Florida consumers and businesses. This legislation will not only prevent harm to individuals, but also protect the companies that support our economy,” said Mark A. Wilson, President of the Florida Chamber of Commerce.
The proposed legislation will include a tiered penalty system based on the quantity or the total retail value of counterfeit goods knowingly manufactured, possessed or sold. The bills also increase the penalties by one offense level for repeat offenders.
A copy of the bill summary is available online at: http://myfloridalegal.com/webfiles.nsf/WF/MRAY-7CGHVH/$file/Anti-CounterfeitingOne-Pager.pdf
Pictures of counterfeit goods are available online at: http://myfloridalegal.com/webfiles.nsf/WF/RWHN-7CFVK8/$file/Counterfeit+Goods.pdf
Additional information, including a list of tips consumers can use to protect themselves from counterfeit or pirated goods is available online at: http://www.thetrucosts.org