This is an expanded article following a co-authored version published in Car After market Trader on 11 November 2025.
The risk posed by counterfeit goods and vehicle parts potentially impacts all those in the automotive industry including manufacturers, distributors and garage operators.
South Gloucestershire trading standards recently raided a premises of an illicit parts trader operating out of a self-storage facility and uncovered counterfeit car parts, with an estimated market value exceeding one hundred thousand pounds.
This included fake versions of parts from major car manufacturers. The operation involved enforcement teams from eight major car manufacturers, including Toyota and Stellantis, and was supported by the government’s Intellectual Property Office (IPO).
Who is at risk and why?
Criminal liability for counterfeit vehicle parts
Criminal liability is an obvious concern. Consumer protection offences might arise, whilst health and safety violations can occur where defective components create a risk of accident or injury. In the worst cases corporate or individual manslaughter charges could be investigated if a fatal accident occurred.
Civil liability and product liability claims
Civil liability exposes businesses to product liability claims when counterfeit parts fail, causing vehicle damage or personal injury. Customers may also pursue breach of contract claims for receiving fake parts instead of genuine ones, seeking refunds and compensation for consequential losses.
Financial consequences and insurance implications
Financial consequences include seizure of counterfeit stock without compensation, substantial legal defence costs, and expensive recall programmes requiring identification and remediation for all affected customers.
Insurance complications may arise, with insurers refusing cover for claims involving counterfeit parts and imposing increased premiums. Businesses may lose authorised dealer status, cutting off access to genuine parts at trade prices and manufacturer support.
Reputational damage and loss of customer trust
Discovery of counterfeit parts can severely impact a business's reputation through negative publicity and social media exposure, leading to permanent loss of customer trust.
Rebuilding credibility may prove extremely difficult, even after resolving the issue. Trading standards investigations can result in business disruption and restriction as well as loss of essential accreditations and industry certifications.
Protecting your business: Best practices for dealers and distributors
Businesses should source parts from authorised distributors, implement robust verification procedures, train staff to recognise counterfeits, maintain detailed supply chain documentation, and ensure adequate insurance cover.
The consequences of handling counterfeit parts can threaten a business’s viability as well as expose it and potentially individuals to criminal and civil litigation.
The impact on manufacturers: Revenue loss and supply chain disruption
As regards manufacturers the counterfeit parts market is directly diverting sales revenue from legitimate manufacturers and supply chains. The infiltration of counterfeit parts can disrupt genuine supply chains and require expensive measures for detection and removal, increasing operational costs.
The increased use of online transactions makes it easier for criminals to sell counterfeit parts directly to consumers, distributors and garages, often using generic photos or professional-looking but fraudulent websites
Safety risks: Why counterfeit brake pads and airbags are dangerous
Self evidently counterfeit parts, especially safety-critical items like brake pads and airbags are made of inferior materials and are not safety-tested. This makes them more likely to fail, leading to serious accidents, injuries, or fatalities.
There is the obvious risk that when a counterfeit part fails, consumers may unknowingly blame the original manufacturer, leading to a loss of consumer trust, brand loyalty, and long-term damage to the manufacturer’s reputation.
Implementing traceability systems to verify authentic parts
Manufacturers should implement and use robust systems to ensure end-to-end traceability and verify the authenticity of vehicle parts. Such systems facilitate the tracing and identification of vehicle parts and make it easier to recall any counterfeit parts.
Consumer education: How to spot fake car parts
Consumers may be tempted by the lower price of counterfeit goods, which means educating consumers and distributors about the risks and challenges is important.
This could be supported by manufacturers agreeing to run campaigns on how to spot counterfeit parts and the associated risk with importance placed on always buying from reputable sources signposting some verified options.
Guidance can also be given on how to report suspected counterfeit parts to both the manufacturer and law enforcement agencies for example through a ‘report concerns’ webpage on a manufacturers website.
Conclusion
In summary vigilance is key. All those in the industry can play their part in overseeing and managing supply chains. This might include conducting rigorous background checks on any supplier company being used, inspecting the quality of products and in person meetings to ensure product authenticity and safety.
Likewise as in the recent South Gloucestershire matter working with law enforcement agencies such as Trading Standards to report, investigate and prosecute counterfeiters can prove effective in cutting down the number of counterfeit parts available on the open market.
For more information please contact our criminal compliance and regulatory team.
Related expertise
You may be interested in...
Guide
Counterfeit automotive parts: Car manufacturer and dealer risks
Legal Update
Directors and officers: ESG and litigation
Legal Update
AI washing: What UK directors and officers need to know
Legal Update
The impact of Martyn’s Law for insurers
Press Release - Firm news
Browne Jacobson expands international disputes offering with new Head of Commercial Dispute Resolution in London
Legal Update
Proposed amendments to the Arbitration Act 1996
Legal Update
Are amendments to be expected for the Arbitration Act 1996?
Published Article
ClientEarth claim may expand scope of directors' duties
Legal Update
Trigger happy when directors’ duties are the target?
In a judgment handed down yesterday the Supreme Court has affirmed that a so called “creditor duty” exists for directors such that in some circumstances company directors are required to act in accordance with, or to consider the interests of creditors. Those circumstances potentially arise when a company is insolvent or where there is a “probability” of an insolvency. We explore below the “trigger” for such a test to apply and its implications.
Opinion
Sequana: Supreme clarification on the duty owed to creditors
The Supreme Court has unanimously dismissed the BTI v Sequana appeal and reviewed the existence, content and engagement of the so-called ‘creditor duty’; being the point at which the interest of creditors is said to intrude upon the decision-making of directors of companies in financial distress.
Opinion
Is it hot in here, or is it just me?
Whilst the weather conditions are predicted to be cooling down this week, the Health and Safety Executive (HSE) is asking employers and businesses to consider adapting to recurrent warmer weather conditions for the safety and benefit of their staff. It asks employers to ensure that extreme heat becomes a firm part of longer term risk management. Climate change in any event is something all businesses will need to consider as the warmer weather becomes more frequent - extreme heat is something that will impact employers on a day to day basis.
Opinion
Civil remedies trump POCA recovery in landmark decision
The decision in Crown Prosecution Service v Aquila Advisory Limited provides welcome clarification on the interplay between POCA and common law recovery. It seems companies may still be subject to the POCA regime and stripped of a potential windfall which the CPS did not avail themselves of in this case.
Legal Update
The impact of Covid-19 on professionals
With the Government predicting that up to 20% of the workforce could be off at the same time during the pandemic and a period of economic uncertainty expected to follow, we are likely to see a significant rise in claims against professionals stemming indirectly from the Covid-19 outbreak.
Legal Update
Director duties and Covid-19
Boards across the country are working tirelessly to respond to an ever-evolving situation as quickly as they can - with one eye on trying to protect the business, employees and wider stakeholders and the other on ensuring that they are always acting in the best interests of their shareholders.
Legal Update
New insolvency laws during the COVID-19 crisis
On Saturday, 28 March 2020, Business Secretary, Alok Sharma MP, announced changes to the insolvency regime as part of the governments overriding objective.
Legal Update
Companies to receive a three month extension period to file accounts during COVID-19
Legal Update
IR35: Budget confirms changes coming 6 April 2020
Opinion
SFO fail to secure individual criminal convictions following Deferred Prosecution Agreement
On 16 July 2019 the Serious Fraud Office released details of the Deferred Prosecution Agreement reached with Sarclad Ltd in July 2016.
Legal Update
The disappearance of LIBOR
Companies should undertake a comprehensive review and audit to identify those products and legacy contracts that are LIBOR-linked and carry out an in-depth risk assessment of discontinuation. Where possible, companies should look at appointing an individual to oversee the programme.
Legal Update
Manchester Building Society v Grant Thornton UK LLP
The Court of Appeal has set out six steps to be considered when applying the ‘SAAMCo’ scope of duty principle in auditors’ negligence cases.