Could I enroll my brand in transparency for certain ASINs, and send those products to distributers without the label?

So, we sell our products to certain distributers and make the statement that our items cannot be sold on Amazon, or to sellers who sell on Amazon. Could I use the transparency program to ensure they are not allowed to sell them on Amazon? So I would send my distributers non-transparency labeled items, and label my products with the codes when I send them in to FBA so other sellers cannot get on? Does that make sense? We are brand registered, but it has been a pain to get sellers off of our listings.

One of the drawbacks of the Transparency Program is the requirement to apply the code to ALL enrolled products, no matter where they are sold.

I will leave it to the gentle reader to discern WHY Amazon made it so.

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Meaning that for any product sold on Amazon, literally all prints/runs/batches/regional labels/etc of that product must carry a transparency code, even if not all stock of that product will be offered on Amazon?

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Yes, that is indeed what Amazon requires for participation in the Transparency Program.

Yet another reason why regulatory bodies both foreign and domestic are not amused.

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How would they even check that though?

Why would that be a regulatory issue?

It’s not meant as a tool to brand gate other sellers out. It also undermines the program if some units have it and some don’t because it’ll cause confusion with buyers if the last one they bought had a code and the one they just got doesn’t.

For what the purpose of the program is, it makes perfect sense that it’s all or none. If you’re adding QR codes to your product to allow the public to verify that the product is real, it should either be on every unit made or none of them.

As for whether it’s enforced I don’t know. A few years ago I looked for a way to report a brand that was using it as a brand gating tool and didn’t find any way to do so.

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See, but our thoughts are - we do not honor the warranty for products sold by a third party seller on Amazon as we cannot verify the supply chain and have no way of knowing if the product is real or not. Nor do we authorize sellers to sell our products on Amazon which is clearly stated in all of our distributers descriptions. Thankfully, our distributers are doing well and banning these sellers from buying our products, but they still get through sometimes by buying discounted products at an actual retail store that we allow to sell our products and then listing at Amazon.

Example: Authorized Brick&Mortar Store bought to many of our products and held a flash sale to get rid of most. Amazon Seller 1 purchases 100 and then lists on Amazon. In theory the transparency program should help mitigate this by only us using the stickers on products we sell on Amazon.

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That’s not what transparency is for, that’s what a IP lawyer is for.

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Dharmesh Mehta’s last About Amazon Blog post about the CCU (‘Amazonese’ for “Counterfeit Crimes Unit”) crowed about increasing that team’s workforce by roughly one-fifth (from 10K employees to 12K).

Since, by all available lights, it would seem that those folks can’t be bothered (and/or not allowed) to fulfill what is supposedly their core mission, is it unreasonable to assume that they are in charge of conducting the off-Amazon Test Buys via which Transparency Program malefactors are sniffed out?

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They have 12K employees in that team?

Sounds like they rebranded the seller performance team for PR purposes.

Yes, this is similar to when they feel like it they make us take off our UPC and put on a FNSKU (Ok, they let us use a sticker but that is tacky.)

We must now have two forms of trade dress. One for Amazon one for all other markets.

:thinking: I wonder, is this a plan to take over the world? (In my pinky and the brain voice.)

Well, that’s an FBA specific requirement. Technically you don’t need to do that if you’re FBM or SFP. You can also comingle your inventory if you’re stupid (but it IS an option).

My biggest issue with FBA stickers is the “item is used,” “item has been tampered with,” and “item is counterfeit” complaints that result from people not knowing the purpose of that sticker. Most people do know what a UPC is, and having that tampered with on a product does look suspicious if you’re unfamiliar with Amazon.

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I will agree to agree, we are stupid.

In 13 years or so, our brands have had no reasonable negative impact from using our own UPC codes.

Now we also are a stocking distributor for other brands. I would never consider not using a FNSKU for those items.

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I know of a company who is not adhering to this. They use Transparency to keep the product on Amazon to themselves and sell to everyone else without the codes. So apparently its not strictly enforced. I still wouldn’t mess with the program and catch a hammer though.

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If there was a way to report them, it might be possible to get their brand registry suspended, unfortunately I see no information about how to report transparency program abuse.

I have no interest in reporting them or getting their BR revoked.