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Counterfeit Diet Coke in London?

Counterfeiting is the imitation of a food or beverage, including its brand, packaging, or labeling, with the intent to deceive customers and consumers into thinking they are getting the authentic product.

In a food fraud context, alcoholic beverages such as vodkas and whiskies are often affected by counterfeiting. For example, in July, Glen’s Vodka, the leading vodka brand in Scotland and the second best-selling spirit in the UK was affected by a counterfeiting scandal, after authorities detected fake versions of the product in the market.

The fake Glen’s vodka contained the harmful chemical isopropyl alcohol, and consumers were warned to seek urgent medical care by Food Standards Scotland in the wake of the discovery.

Food Standards Scotland A yellow arrow points to etched numbers on the back of a glass bottle
Genuine bottles of Glen’s Vodka carry specific etched codes. Image via BBC.com

 

But it’s not only alcoholic drinks that are targeted by counterfeiters.

Non-alcoholic drinks, including copies of premium brands of carbonated beverages (soft drinks) are also made by counterfeiters. Reports about the counterfeiting of soft drinks surface quite frequently in my food fraud searches, most often in Pakistan.

Here’s an incident report I published in June, for example:

Authorities confiscated bottles of counterfeit soft drinks (3,900 bottles), artificial sweeteners (250 kg), empty bottles (4,000), fake bottle caps (60 kg), counterfeit labels (200 kg), filling machines, chemicals, gas cylinders and storage drums – Pakistan | Source: Issue 193, The Rotten Apple.

Last week, while researching counterfeit soft drinks, I stumbled upon a consumer’s musings about possibly fake Diet Coke, which piqued my interest.

While we know that counterfeit soft drinks are discovered every year by authorities in Pakistan, it’s rare to hear a consumer perspective. This is likely because consumers will be either unaware they have purchased a ‘fake’ and so don’t think to complain about it, or they complain to the legitimate brand owner, who does not publicise the information.

So to find a first-person account from a consumer of ‘fake’ soft drink was intriguing to me.

What made it more intriguing was that the consumer was in London, England.

It’s easy to imagine that counterfeit versions of low-cost products only occur in the developing world. However, soft drink fraud does happen in wealthy countries.

In fact, just last week, a man in the United States was sentenced for his role in a massive multi-year counterfeiting operation affecting 5-hour Energy drinks. At the height of the operation in 2015, it was shipping 75,000 bottles per day from an illicit manufacturing facility in California.

Could this also be happening in London with Diet Coke?

Here’s what the consumer, One_Inflation_9475 said on Reddit/r/london last month:

“I suspect that some of the soda sold in cheap kebab shops are counterfeit. The taste always put me off. So today, I compared it. I bought a Diet Coke bottle from a kebab shop. It was a bit harsh and seemed acidic. Then, I bought same thing from Tesco and its taste was soft and felt good to my taste buds.

“Price of the meal deal is also a suspect: £5 for a burger, handful of fries and a bottle of soda. What do you guys think?”

“I suspect that some of the soda sold in cheap kebab shops are counterfeit”

What do I think? I think s/he could be right in thinking the bottle of Diet Coke they got in a very low-cost meal deal from a takeaway shop is counterfeit.

There are, of course, other reasons the product could have tasted ‘harsh’ and ‘acidic’ compared to Diet Coke from Tesco. Notably, artificially sweetened beverages lose flavour over time as the sweeteners degrade.

Another reason, proposed by responders to the consumer’s post, is that soft drinks “taste different in different countries.” However, I’m not buying it.

The consumer would almost certainly have noticed the name of an offshore bottler or the presence of a foreign language on the label after they became suspicious of the product. And if they had discovered it was from overseas, I believe they would have attributed the taste difference to that, rather than claiming the product was counterfeit.

Anyway, how exactly would a takeaway shop owner obtain offshore versions of a product belonging to a company that is famous for tightly controlling its sales channels?

Perhaps the store owner (illegally) received soft drinks imported from another country? Perhaps from a place like Pakistan? Perhaps the imports were fakes.

We cannot know for sure. But it’s worth remembering that counterfeit drinks are manufactured by criminals who cut corners, ignore safety protocols, use dirty water and non-food-grade chemicals, and generally endanger the lives of consumers.

My advice to any consumer or business who suspects they have been given a counterfeit product is to keep the package and tell the brand owner. Provide photos of the labels, the batch code and the best before date so the company can hunt down the counterfeiters who are trashing their brand and selling potentially dangerous products.

The owner of 5-hour Energy realised their product was being counterfeited after a salesperson purchased a box of product from a distributor that had stopped ordering from them and discovered it had a different taste, color and smell to authentic 5-hour Energy. Investigators acting on their behalf seized more than 2.6 million counterfeit bottles during subsequent investigations.

Could counterfeit Diet Coke be available in London, England? Perhaps. I hope not, but stranger things have happened.

In short: A consumer in London, England, suspects the Diet Coke sold by a kebab shop (multiple purchases) is counterfeit 🍏 Soft drinks are affected by counterfeiting 🍏 Pakistan authorities frequently report the seizure of counterfeit copies of famous brands of soft drink 🍏 Large volumes of a popular energy drink were counterfeited in the United States in the 2010s 🍏 Consumers or businesses supplied with ‘wrong’ tasting foods should report their concerns to the brand owner who can investigate suspected counterfeits🍏

Main sources (minor sources are hyperlinked in the text):

Schnapp, D. and Frankfurter, B. (2016) ‘Counterfeiting in our own backyard’, New York State Bar Association Journal, 34(2), pp. 21–23. Available online: https://foxrothschild.gjassets.com/content/uploads/2016/10/SchnappFrankfurterArticle-InsideCorpCounselFall16.pdf

Reddit.com. (2025). I suspect that some of the soda sold in cheap kebab shops are counterfeit. r/london. [online] Available at: https://www.reddit.com/r/london/comments/1n8gt70/i_suspect_that_some_of_the_soda_sold_in_cheap/

Read more: 🍏 Fake Coke follow-up | Issue 210 🍏

This article was originally published at The Rotten Apple – a weekly newsletter for food professionals

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Future and emerging threats of food fraud

Food fraud: you don’t want it.

  • If you are manufacturing, wholesaling or retailing food or beverages, fraudulent activities within your supply chain pose risks to your brand and to your customers.
  • Different food types vary in their susceptibility to food fraud.
  • The risks change over time.
  • Purchasers of food and food ingredients must remain vigilant about new and emerging risks.
  • The requirement to monitor emerging and predicted food fraud issues is a part of all major (GFSI) food safety standards.

Learn how to monitor food fraud threats here.

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Preventing food fraud: testing is not the answer

Fraudulently adulterated food is receiving a lot of attention at the moment. While it is widely acknowledged that food fraud is a large and expensive problem requiring urgent action there is not a lot of practical advice available about exactly what actions food businesses should take to prevent, deter and detect food fraud. And, although published advice about direct action is rare, there is plenty of commentary that discusses the issue in general terms, including one very common refrain: food testing is not the answer.

Food safety hang-ups

One of the reasons we so often hear that testing is not the answer is that many food fraud commentators come from a food safety and quality assurance background. As such, our unwillingness to rely on testing for food fraud can be explained in part by our familiarity with food safety systems. Within the realms of food safety, testing can achieve nothing on its own; the prevention of risks and control of hazards is much more effective and efficient, with testing used simply to verify that the system is working.

For those who are less familiar with food safety systems, let’s take a closer look. For the sake of simplicity, imagine a hypothetical food safety system that is designed solely to prevent the growth of a pathogenic microorganism in salami. If the system relied solely on testing, one would have to take a sample from every pack of salami, test for pathogens and then discard packs which were found to be contaminated. A missed test could have deadly consequences. Worse still, the sampling itself could lead to contamination. A better way is to use preventive control methods to stop hazards before they arise and carefully monitor critical operations in the production process so that the finished product is safe. This combination of prevention and monitoring is the basis for every modern food safety system. Within those systems the food must still be tested to verify that the system is working but in fact every piece of salami that is consumed without causing illness is a form of ongoing verification.

Dairy Processing

Fraudulently adulterated food is very different from accidentally contaminated food. It usually doesn’t make people sick and can rarely be identified as fraudulent by the consumer. People who adulterate food for financial gain aim to avoid detection and for that reason adulterated food rarely causes acute illness. In fact, the Chinese government is currently assuring its citizens that the large volumes of counterfeit baby formula within that market are safe to consume. There have been instances of fraudulent food that caused illness and death, including the melamine milk scandal in China and toxic mineral oil passed off as olive oil in Spain. In another famous case, a carcinogenic industrial dye was used to make paprika powder appear fresher. In each of these cases it was some time before the link between illness and adulterated food was found.

Criminals are smarter than Salmonella.

The prevention of microbial contamination and growth in food can be achieved in a few simple steps using well-understood methods; Salmonella hasn’t figured out how to outsmart a thermal kill step yet. But people who seek to make money from adulterating food have much more imagination than your average bacterium. While there are only about 120 food borne pathogens known to man, there are almost unlimited ways to tamper with food, meaning many different types of controls are required. Unfortunately, any effective control method can be discovered and then outsmarted by a clever fraudster, making reliance on prevention a risky proposition. And the worst part is that no matter how effective a fraud prevention system is, at the end of the day it is indistinguishable from an ineffective fraud prevention system to the naked eye; without very frequent testing there is no way to know the system is working.

More testing?

Testing is a key element of effective fraud prevention. I envisage a day when every food manufacturer tests vulnerable raw materials before they are used in production, where every supermarket has the technology to verify that their food is authentic before they place it on their shelves and where even local restaurants will have access to cheap and fast authenticity testing. Testing holds the answers to many of our current food fraud challenges.  However, testing can be expensive, time consuming and much less effective than we would like.

Pesticide residue in food

A key challenge to the efficacy of testing is that when it comes to food fraud we can never be sure of the adulterant that might be present. Many currently available test methods are targeted for a particular adulterant, and are not designed to detect adulterants that are unexpected. Non-targetted tests are rapidly being developed but there are still relatively few that have been properly validated, a process that requires expensive cross-testing against other methods such as botanical testing, DNA-based methods and classical chemistry.

In less than five years, claim the makers of new rapid testing technology, we will be able to hold a scanner in our hand that can tell us the entire molecular makeup of our food. I think we will have to wait a little longer than that; food is complex and a huge amount of research will be required before we can properly interpret the results of complex molecular ‘scans’ of every food on the planet. But testing is an important tool in our fight to ensure an authentic food supply, and that’s a goal worth striving for.

Read about the latest food fraud analytical technologies here.

Are you ready to start testing for food fraud? Use our testing checklist to find out.

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Honey Fraud This Month: The Good, The Bad and The Ugly

Honey authenticity is all over the (food fraud) news this month.  There’s good news.  And bad.

Here’s what’s happening in honey fraud right now, from Karen Constable of authenticfood.co and Food Fraud Advisors.

 

 

Video transcript:

(Karen Constable) “It’s been a tough year for honey.  There has been lots of commentary about food fraud in honey, following a big recall in the UK at the end of last year and controversy over honey testing methods.  It’s never good to hear about food fraud issues, but there is a silver lining.

The Good

The Canadian government last year committed to spending more than $20 million on food fraud testing and intelligence gathering over a five year period.  Honey is one food product that has been chosen for surveillance by the Canadian Food Inspection Agency.

The CFIA published their honey surveillance results this month and guess what?! Authenticity is up and food fraud is down compared to last year.

The CFIA sampled both the marketplace at large and also a number of bulk honey importers and processors that were deemed to be high risk.  Only 13% of samples were deemed not-authentic, compared to 22% the previous year.  That’s a significant improvement!

The CFIA used the results of their previous honey surveillance work to design a targeted sampling plan.  Those samples that they targeted had risk factors such as a history of non-compliance, known preventive controls deficits and unusual trading patterns.  This type of targeting sampling, in which previous results are used to focus on known problem areas, is a great way to maximise the value of authenticity testing (which can be expensive).  Way to go, Canadia! (PS for more on sampling methodology, click here)

Of those samples collected from the marketplace (that is, without being targeted towards high-risk products), 98% were authentic and the only products that had ‘unsatisfactory results’ were imported products.

So testing = good.  For my food safety viewers, it’s worth noting that – unlike micro testing – food authenticity testing can not only provide valuable insights into the occurrence of food fraud but also helps to prevent it.  The fact that someone is paying attention, and doing testing can effectively drive reductions in fraud, as we have seen with the Canadian honey testing regime.  My prediction is that next year’s surveillance will have even better results than this year’s.  And that’s something to be happy about!

The Bad

The Canadian government isn’t the only one that’s been testing honey this year.  The Indian Centre for Science and Environment and a government-funded institute in the Philippines have also published honey testing results this month.

In the Philippines, a survey of 74 locally-produced honeys purchased online found that 87% of them contained sugar syrup.  Ie rendering them NOT authentic honey.  More than 80% of these products actually contained no honey at all and were just made from sugar syrup.

These are some of the worst authenticity statistics that I have ever seen!

Local products purchased in brick and mortar stores fared a little better in this study, but the results were still bad, with around 75% of samples containing adulterant(s). Interestingly, in the Philippines, imported honeys performed significantly better than the locally-produced honeys, the opposite of what was seen in Canada.

So those results were pretty bad, but it is good to see authenticity testing being done in the public arena more frequently than in the past.

The Ugly

Yep, this is really ugly.

There’s testing and then there’s testing….

India is another country that is funding food adulteration prevention. And, of course, that’s a good thing.  And they are testing honey.

However, like many countries, India’s legal definition of honey is based on the chemical signature of the sugars in the product, which is verified using C3 and C4 testing.

In December, The Centre for Science and Environment (CSE, India) reported a very high proportion of ‘inauthentic’ honeys in a survey that made use of both C3/C4 tests and more sophisticated testing that makes use of NMR (nuclear magnetic resonance) analysis.   Some honeys passed the C3/C4 tests but ‘failed’ the NMR tests.

Investigators from CSE claim this is due to the products being made with special syrups that are designed to ‘trick’ the C3/C4 tests. They allege that these syrups can be purchased cheaply via online trade portals.  The syrups are apparently marketed as “all pass” syrups because the suppliers claim they can pass the Indian government’s authenticity tests.

The CSE say that their own testing has confirmed that samples containing up to 50 percent of “all pass” syrup pass the tests.

Wrap up

There’s big money to be made from food fraud, as I have said before.  I have even heard it said that olive oil fraud is 3 times more profitable than smuggling cocaine – as well as being much less risky. (I haven’t been able to find the original source of that comment, I heard it at a food fraud conference in 2017).  And where there is money to be made, criminals will find ways to cheat the system.

Sadly, worldwide volumes of honey production are way down and predicted to fall even further due to climate change and bee colony diseases. That makes genuine honey more scarce, more valuable and, as a result, more profitable to fake.  Honey fraud is – unfortunately – here to stay.

My hope is that organisations like the Canadian Food Inspection Agency and the CSE in India continue to keep the pressure on honey fraudsters. Let’s keep making their lives hell!”

 

 

 

 

 

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Five things every food safety professional should know about food fraud

1. Food fraud is in the spotlight

Food fraud has been around for thousands of years but has become more prominent in the food safety and food certification industry in the last few years, following the European horse meat scandal of 2013.  Although no food safety problems arose during that incident, it was realised that similar incidences could have serious impacts on food safety.  For that reason, food fraud prevention requirements were introduced into all major food safety management system standards between 2017 and 2020.

2. New terminology

Definitions related to food fraud and food integrity have been refined in the last five years and there is now consensus on the four key terms below, although the term food security still causes confusion.

food fraud,defense,safety,security

  • Food safety relates to issues of unintentional contamination, with the aim of reducing exposure to naturally occurring hazards, errors and failures in food systems.
  • Food fraud was defined by  Spink and Moyer (2011) as “a collective term used to encompass the deliberate and intentional substitution, addition, tampering, or misrepresentation of food, food ingredients, or food packaging; or false or misleading statements made about a product for economic gain.”  More recently that definition has been updated to capture all types of food crime: Food fraud is deception, using food, for economic gain (Food Fraud Initiative, Michigan State University).  Within food fraud there are types of fraud that involve tampering with the food by adulterating or diluting the food.  This type of fraud is sometimes called ‘economically motivated adulteration’ (EMA).  Other types of fraud that do not involve adulteration are also deemed to be ‘food fraud’.  These include black market and grey market sales, theft, illegal importing, avoidance of tax and counterfeiting.
  • Food defence is a term that has come to be defined as the effort to prevent acts of adulteration that are intended to cause harm to a food business or to consumers, such as acts of terrorism or attempted extortion.
  • Food security is unrelated to food fraud but is instead an issue of food supply and food access for populations who are under threat from food shortages.

Other terms to know:

  • Vulnerability assessments are assessments of vulnerability to food fraud, either at the raw material, product or facility level.  Within the USA the term vulnerability assessment can also refer to a food facility’s vulnerability to malicious tampering of product on its site, either by its own employees or external forces.   Learn more about vulnerability assessments.
  • Horizon scanning is the act of looking for and analysing threats and opportunities that will emerge in the medium to long term.  Within the food industry, horizon scanning means the act of collecting information about current trends and predicted incidences that could increase the likelihood of food fraud for a particular food material.  For example, climate change is likely to reduce coffee production which could drive up prices and increase fraudulent activity in that sector.
Coffee,authentic,fraud,horizon scanning
Coffee harvests are being affected by climate change

 

3. Food safety standards have become more rigorous

Food fraud prevention and mitigation measures are now a requirement of all major food safety management system standards.  The Global Food Safety Initiative (GFSI), a group of food companies whose mission is to harmonize, strengthen, and improve food safety management systems around the globe, sets guidance for food safety standards.  Well known GFSI standards include BRC, FSSC 22000 and SQF.  Between 2015 and 2017, all GFSI food safety standards were updated to include requirements for food companies to perform a food fraud vulnerability assessment and have a food fraud mitigation plan in place.   Click here for the GFSI Food Fraud Position Paper.

The new requirements for vulnerability assessments and mitigation plans require more resources for most food businesses, particularly those with large numbers of raw materials and suppliers.

4. There are new regulatory requirements for food businesses

The Food Safety Modernization Act (FSMA) in the USA has been implemented for most food businesses in the previous few years.  Within the FSMA rules, food businesses are required to address hazards from adulterants introduced for the purposes of economic gain.  These must be included in food safety hazard analyses and if hazards are found, preventive controls must be implemented.  This means that economically motivated adulteration (EMA), a subset of food fraud, must be addressed under the new FSMA rules.

The Food Safety Modernization Act (FSMA) also includes specific requirements for ‘food defense’ which are aimed at preventing malicious adulteration and tampering as well as fraudulent adulteration.  This is known as the Intentional Adulteration (IA) rule.  The IA rule is being progressively implemented in the USA.  FSMA rules for IA will also be enforced internationally for all food facilities that manufacture food for export to America.  Click here for US FDA’s food defense guidance

food defense,vulnerability assessment,FSMA,
All American food companies will be required to have a food defense plan

 

5.  Detection of food fraud remains a challenge, despite new lab techniques

Our ability to detect food fraud has improved over the last few years, but challenges remain.  There are many technologies available, from traditional ‘wet’ chemical tests to spectroscopy and chromatography to modern forensic DNA methods.   Protein isoelectrofocusing (a type of electrophoresis) is a conventional test that provides information about the source of various milk proteins in a cheese and can be used to detect cows milk in “buffalo milk” mozzarella, for example.  PCR (polymerase chain reaction) techniques, in which a cow milk-specific gene is amplified and detected are being developed for cheese testing and they are claimed to be more specific.

Coffee variety testing has traditionally been done using Fourier transform infrared spectroscopy, a method that exploits the different amounts of chlorogenic acid and caffeine in robusta and arabica varieties.  However, a new method that exploits the different mitochondrial genetic markers in the two varieties will soon be able to achieve the same results quickly and easily in the field with ‘lab on a chip’ technology.

Researchers looking for fraudulent aloe vera can exploit its distinctive NMR (nuclear magnetic resonance) profile, due to the position of acetate groups within a key polysaccharide in the plant.  The NMR profile represents a ‘fingerprint’ for aloe vera.

Another type of ‘fingerprinting’ is based on the spectra created by different ratios of stable isotopes.  For example, it is possible to tell the difference between corn-fed and wheat-fed chicken, using stable isotope ratio mass spectrometry by comparison with databases of reference samples.  This method has also been used to check provenance claims for meat and wine products.

Authentic beef mince
What meat is that?

 

Despite the surge in technology surrounding food fraud detection, it remains difficult to detect fraudulent adulteration unless you know what you are looking for.  As an example, DNA testing can be used to determine if beef mince has been made from a cow but can’t tell me whether it has been adulterated with undeclared beef offal.  Olive oil that is suspected of having been adulterated with other edible oil can easily be tested for such adulteration in a lab test, but verifying its country of origin is more difficult.  Adulteration of ‘arabica’ coffee with the cheaper robusta variety can be detected with a simple test but that same test will not disclose whether ground coffee has been adulterated with cheaper fillers such as corn, soybean or wheat, a practice which is common in some markets.  There are now a number of ‘fingerprinting’ techniques that are designed to ‘flag’ any sample that is not authentic, no matter what the adulterant, however they can only be used if there is already an extensive database of authentic samples with which to compare the suspect sample.  Australian honey brand owners who were caught with supposedly inauthentic honey in an NMR-based fingerprint test claimed that the database used in the testing, which was done in Germany, was not suitable for testing Australian honeys.  Read more about the Australian honey scandal.

We have a lot of tools in our arsenal to answer questions about fraudulent food but those tools are only useful if we ask the right questions.

Need to learn more?  Want practical advice from expert food scientists? Click here for a free introductory consultation.