Alarm Over Fake Medical Devices: Roche Sues After Counterfeits Found on Amazon

Roche, one of the largest biotech firms, has accused Indian merchants and manufacturers of selling counterfeit Accu-Chek blood glucose testing devices on Amazon, which patients across the U.S. have purchased.

The counterfeit test strips are allegedly repackaged with false labels that spoof the expiration dates and registered trademarks of Roche, posing significant health risks to patients by potentially giving inaccurate blood glucose readings.

A court granted Roche's request for a temporary restraining order to stop the sale of these counterfeit goods, which have been removed from the Amazon shops. Roche's lawsuit, filed in May in Brooklyn, names four Indian-based corporations and their leaders as defendants and seeks unspecified damages.

One of the biggest biotech firms in the world, Roche, said that "dangerous counterfeits" of its diabetic medical equipment were being sold on Amazon and purchased by patients across the country.

Roche said that merchants and manufacturers with their headquarters in India were offering fake Accu-Chek blood glucose testing devices. The business stated this in a late Friday unsealed court complaint.

According to Roche, the fraudulent test strips are items that are either almost expired or expired and are repackaged with false labels that spoof the expiration dates and registered U.S. trademarks of Roche.

Roche warned that the counterfeit test strips could provide false or inaccurate blood glucose measurements, which could pose severe and life-threatening risks to patients. These risks include hyperglycemia and incorrect insulin dosages, either too high or too low, the warning about the fake devices stated. 

The case was submitted under seal to the U.S. in May. District Court in the New York City borough of Brooklyn listed four Indian-based corporations and their leaders as defendants. Roche is requesting a vague amount of damages.

A court granted Roche's request for a temporary restraining order to prevent the defendants from selling the counterfeit goods after the action was filed. The goods appear to have been removed from the Amazon shops that were selling them.

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Allegations of Counterfeit Goods in Amazon Warehouses

Roche asserts that as part of the purported conspiracy, all of the counterfeit goods shipped to the United States were kept at Amazon warehouses around the nation, including one in Brooklyn. Amazon is not a defendant in the lawsuit. After the items arrive at Amazon facilities, they are normally distributed within 48 hours to both individuals and corporations.

Roche alleged that counterfeiters utilized Amazon's Fulfillment by Amazon (FBA) program, which involves Amazon handling the receipt, storage, order processing, packing, shipping, and customer service for the counterfeit products. In return, Amazon receives a significant portion of the revenue from these counterfeit sales, according to the complaint.

In response, an Amazon spokesperson informed CNBC that the company maintains a strict policy against counterfeit products. They highlighted the proactive measures in place to prevent counterfeit listings, continuous monitoring of their store, and swift action to protect customers and brands. These actions include removing counterfeit listings, blocking accounts, and working with brands and law enforcement to combat misuse of the platform.

The lawsuit was submitted by lawyers from Patterson Belknap Webb & Tyler, a legal company in New York, on behalf of Roche Diabetes Care Inc., Roche Diabetes Care GmbH, and Hoffmann-La Roche Inc.

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