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Can I sue someone for selling a fake product on Facebook? • ENTER.CO

Portals in which people offer products on the Internet are becoming more and more popular. This has also allowed a growth in the commercialization of some false product. In Colombia, this activity is not illegal, but the rules of the game are not very clear either.

At least that is how it emerges from a recent study carried out by the National Association of Entrepreneurs of Colombia (ANDI). This study details that in Colombia it is not a crime to offer a false product through social networks. A concern in view of the growth of this type of commercial exchange. The ANDI estimates that the trade in regulated or fake products will have a significant increase by the year 2035. To do this, it surveyed 31 companies in the mass consumption sector and found that only one of them has the perception that 30% of its products offered in e-commerce are fake. The remaining companies have a perception of less than 2%. The limitations of the Police regarding the commercialization of products implies that the offer of false or risky products is not a crime. In these cases it is possible to file a complaint for incitement to crime.

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This study also showed that Mercado Libre is the leading e-commerce platform in Colombia because it concentrates 84% ​​of visits to electronic commerce. Then there is Amazon with only 2%. During the study, searches on Mercado Libre for 145 products considered regulated were analyzed. It was concluded that one in three high-risk products or expressly prohibited for marketing on electronic platforms. Because at least one publication was found available on this online sales platform. This study found that ads with fake products don’t stay active long, but hang up and down constantly. This implies a monitoring challenge. However, if you want to sue someone for selling a fake product on Facebook, remember that there is no such crime.


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