Product Serialisation – a tool to help counter diversion and illicit trade

5 minutes

When was the last time you bought diverted product?

Illicit Trade and diversion is a problem which keeps growing. Have you ever purchased a counterfeit product? Would you know if you did?

If you’re a regular online shopper the chancers are good that you’ve come across illicit product, possibly without knowing it.

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I was recently at my local barbers getting a haircut when I noticed the container of a popular brand of talcum powder.

Only the logo and product name was in english – everything else was in Indonesian.

My barber mentioned he hadn’t noticed, but bought it because it was being sold cheaply online. This is an example of product diversion.

To highlight the risks of diverted or counterfeit product, there are many articles online about the link between talcum powder and cancer. By purchasing talcum powder on the illicit market you may unknowingly be exposed to asbestos, which causes lung cancer.

Most people know what counterfeits are, but diversion is less well known. Diverted product is authentic product sourced at a discount (or stolen) in one market, and then resold in another market. The diverter pockets the price differential between bought and sold, and the manufacturer (and their authorised distributors) lose out.

Mechanisms that provide track and trace functionality, such as serialisation, are essential for the detection and investigation of illicit trade.

Serialisation can help improve supply chain integrity and counterdiversion

When we talk about serialisation in a supply chain context, it refers to the process where a unique identifier – usually a serial number or barcode – to individual items or products in the supply chain.

In combination with data management, analytics, and a well-developed program, serialisation is a way to realise the tracking and tracing of products as they move through the supply chain and circulate in the market.

Supply Chain Integrity can be defined as providing an “indication of the conformance of the supply chain to good practices and specifications associated with its operations”

European Union Agency for Network and information security (2015)

Serialisation offers benefits to Supply Chain Integrity:

  • Traceability – Serialisation is the traceability mechanism by which manufacturers can track the movement of their product through the supply chain
  • Provenance – Serialisation itself will not establish provenance (unless serialisation is uses blockchain), but data related to provenance could be linked with the serial number to indirectly establish provenance
  • Authenticity – Serial numbers should be unique and be matched to specific product versions or models, making it possible to identify counterfeit and diverted product through test purchases, ‘mystery shopping’, or seizures by police or customs

Given the safety risks associated with illicit product, its no wonder the pharmaceutical industry is a leading adopter of serialisation:

  • The US Drug Supply Chain Security Act (DSCSA) requires serialisation, track and trace capabilities in the pharmaceutical supply chain, from manufacturers to retail pharmacies.
  • The 2019 European Union Falsified Medicines Directive (FMD) applies only to presciption medicines produced, imported or distributed in the EU.
  • The Chinese National Medical Products Administration (NMPA) has been managing serialisation since it was first introduced in 2013.
  • India commenced the serialisation journey in 2019, through its Drugs Technical Advisory Board (DTAB).

Australia is late to the party on serialisation in the pharmaceutical industry, with the Therapeutic Goods (Medicines—Standard for Serialisation and Data Matrix Codes) (TGO 106) being mandatory from 1 January 2023.

How does serialisation work?

Serialisation is the unique identification of each unit of a product, allowing a unit to be identified distinctly within its batch. Serialisation can be applied at multiple levels in any shipment:

  • Pallet
  • Consignment
  • Packaging (item and carton levels)
  • Labelling
  • Item

To maximise efficiency, Serialisation markings must be machine-readable and are typically applied via three techniques:

  • Barcodes
  • QR codes
  • Data Matrices

According to the Therapeutic Goods Administration (TGA), a Data Matrix contains various beneficial features not associated with the other methods, including:

  • A large data carrying capacity
  • Built-in error correction providing reliability and readability in situations where the label is damaged or if the pack is irregularly shaped
  • The ability to be easily printed at high production speeds, such as those found in medicine manufacturing environments.
deliveryman scanning the barcode
Photo by RDNE Stock project on Pexels.com

How can small-medium businesses access the benefits of serialisation?

It used to be that product serialisation was an expensive endeavour, but a number of recent articles online suggest serialisation is becoming much cheaper. The costs of serialisation can be quite substantial if not managed properly, but product serialisation can also add value to your supply chain and inventory management practices beyond mitigating illicit trade.

As the technology becomes more common and compliance programs mature, SMBs will be able to leverage their existing systems with serial number generation and management tools and labelling or printing tools to access the benefits of product serialisation.

    Further reading

    DISCLAIMER: All information presented on ForewarnedBlog is intended for general information purposes only. The content of ForewarnedBlog should not be considered legal or any other form of advice or opinion on any specific facts or circumstances. Readers should consult their own advisers experts or lawyers on any specific questions they may have. Any reliance placed upon ForewarnedBlog is strictly at the reader’s own risk. The views expressed by the authors are entirely their own and do not represent the views of, nor are they endorsed by, their respective employers. Refer here for full disclaimer.

    Returns Fraud – a risk for eCommerce companies

    7 minutes

    What is Returns Fraud?

    Returns fraud is a deceptive practice where customers purchase a product from a retailer so as to either temporarily ‘borrow’ the item, or to obtain a refund or store credit. Returns Fraud involves deception on the part of customers, who seek to return a product under ‘false pretences’. Common returns fraud typologies include:

    • Online returns fraud – where customers make a false claim in order to obtain a refund or store credit. Typically, these customers claim that they did not make the purchase (when buying using a credit card), that the goods did not arrive, or that the goods which arrived were faulty, damaged or did not match the description when purchased. Many customers do not return these products whilst also claiming a refund, meaning they actually keep the goods and profit from the refund.
    • Product substitution with lower cost items – customers purchase a high-quality item from one store / brand, and a similar but low quality item from another store. They may remove product tags or labels, or place the substitute product in the high quality product’s packaging before returning. Often returned goods are not properly scrutinised, or may be returned to third party service providers, and by the time the fraud is detected it is too late.
    • Product substitution with counterfeit items – this typology is the same as with lower cost items above, except the substituted product is a counterfeit item. This creates issues for retailers if the counterfeit item is repackaged and released for resale without proper inspection, and can result in brand damage or create consumer safety issues.
    • Wardrobing – a common problem especially for online retailers, consumers purchase items of clothing for a specific event (such as a party), use the item of clothing, then return it for a refund or exchange without declaring this use to the retailer.
    • Use of fraudulent receipts – some consumers alter or forge sales receipts and use these along with often substituted or second hand goods to attempt a refund without having purchased the item. Physical retailers without robust returns processes, who do not verify information on receipts against their records, or who place returned items to one side to process in quiet periods, are particularly vulnerable.

    Returns Fraud can be perpetrated by external parties (i.e. opportunistic individuals and actual customers), employees (i.e. trusted insiders), and external parties in collusion with trusted insiders.

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    Photo by Andrea Piacquadio on Pexels.com

    How does Returns Fraud impact retailers?

    If not properly managed, Returns Fraud can have significant implications for retailers and may even send struggling businesses to the wall. Returns Fraud will impact profits, operating costs and brand in the market. Examples of the impact of Returns Fraud on retailers include:

    • Increased Operating Costs – Retailers may need to employ additional staff to manage and process returns, as well as spending more on loss prevention or fraud protection programs. In some cases, specialist expertise may be required, particularly for high value or complex disputes which retailers are not equipped to handle.
    • Card Scheme penalties – Card Schemes such as Visa and Mastercard apply financial penalties to retailers (merchants) where a customer disputes a transaction, such as in the case of ‘online returns fraud’ (above).
    • Customer Experience and Trust – Retailers who implement stringent policies risk frustrating or offending legitimate customers, resulting in complaints, negative ratings online, or refusal to deal with the brand again. Balancing customer experience with retail security is a huge challenge.
    • Returned Inventory Management – The ‘reverse supply chain’ is challenging for any retailer, but it needs proper attention to mitigate risks of substituted, damaged, soiled, or counterfeit product being accepted, repackaged, and resold as legitimate by a retailer with potentially disastrous results.
    • Financial losses – As mentioned in my previous post ‘Product Security is fundamental to Product Management‘ (see “Security and integrity risks need to factor in pricing decisions“, link below), once a product has been stolen or diverted a retailer needs to sell significantly more product units to recover those losses. Over time, these losses erode revenue and impact profit margins, potentially making the business unviable.

    The challenge with Returns Fraud, as with any other security program, is the need to balance the inherent risk of Returns Fraud with customer service and customer experience. Some retailers have accepted a high incidence of Returns Fraud, only to find it has eventually sent the business bankrupt as word gets around the retailer is an easy target and the incidence of fraud increases.

    Three simple steps to mitigating Returns Fraud risk

    Recent media reporting indicates the incidence of Returns Fraud is increasing worldwide, particularly wardrobing and online returns fraud; however, there are three steps businesses can take to mitigate the risk:

    • Return policies – Policies must be clear, legal, compliant with card scheme rules (for credit card payments), and transparent to allow consumers to understand retailer expectations and conditions of sale. Policies should be displayed prominently on the website and in-store, and customers should acknowledge conditions of sale in writing prior to payment. Evidence that a customer has read and acknowledged these policies should be retained by retailer systems and processes in the event of a legal dispute.
    • Using data analytics for fraud detection – data is essential for detecting unusual patterns or behaviours indicative of returns fraud. Provided the required data is collected, typologies can be developed and dashboards built to quickly facilitate detection. Examples of indicators retailers might look for in their typologies include customers who frequently return items (analysed data should include customer name, address, phone number, or email address to identify common purchases using fictitious names); returns of specific products or product categories within 48-72 hours after purchase; and returns of ‘prestigious’ items which consumers might not be able to afford. Early detection, proper investigation, and collection of evidence is crucial to minimising a loss.
    • Build high levels of employee awareness and a strong security culture – Employees are one of the most important elements of any security or fraud program. Poor awareness of fraud and security creates ignorance of the risk, preventing staff from being able to recognise problems and respond in a timely manner. Staff should be trained both on commencement and periodically (at least annually) throughout their employment, with targeted training being undertaken in response to new trends or criminal tactics. Further information on improving security culture can be found below.

    As you can see, the risk of Returns Fraud is real and must be properly understood, assessed and managed by retailers to mitigate unplanned losses and vulnerabilities. Failure to properly consider and plan for Returns Fraud in any retail business is likely to result in substantial financial loss, legal disputes, and brand damage, and may even send the business into insolvency.

    Further Reading

    DISCLAIMER: All information presented on ForewarnedBlog is intended for general information purposes only. The content of ForewarnedBlog should not be considered legal or any other form of advice or opinion on any specific facts or circumstances. Readers should consult their own advisers experts or lawyers on any specific questions they may have. Any reliance placed upon ForewarnedBlog is strictly at the reader’s own risk. The views expressed by the authors are entirely their own and do not represent the views of, nor are they endorsed by, their respective employers. Refer here for full disclaimer.