The intentions of Amazon’s transparency program are tremendous.

Amazon has a big counterfeit problem on their platform. The transparency code system was designed to reduce the amount of counterfeit products seen and distributed on their platform. Going forward, brands will start labeling a code on their product and before it is shipped from the fulfillment center, Amazon will check the code and mark it in their system, giving consumers the ability to check to verify if their product is authentic.

There have been a number of errors in the rollout of this program. Amazon states that any products shipped to FBA facilities prior to the rollout date will not be affected. If you are suspended for selling genuine products based on the transparency code, you should get the communication stating the rollout date and documentation showing when you sent your items to the FBA facility. If you can show that your items arrived at the FBA facility before the rollout, you will be reinstated almost instantaneously.

With any Plan of Action, all sellers should first gather all their information before submitting anything.

In the event that you sent items to Amazon after the rollout date, all is not lost. Address your Plan of Action the same as you would for any counterfeit or inauthentic complaint. Start by showing the invoices. While the products may not have the transparency code produced on them, it is still a market of reselling products. The First Sale Doctrine permits you to resell these products so it is definitely possible that an individual is selling an authentic product that just might not have been labeled with the transparency code.

Write a short, concise, persuasive Plan of Action. Show your invoices and verify your supplier. Amazon is generally good about removing the complaint / counterfeit allegation from your account.

If you have received an IP Suspension Under Amazon’s Transparency Program, feel free to contact us for a free consultation at 1-877-9-SELLER or email us at CJ@AmazonSellerLawyer.com.