The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) recently issued a safety notice on the increased circulation of counterfeit and substandard safety devices. 

Examples include air bag inflators, air bag modules, seatbelt pretensioners, pyromechanical devices, and other supplemental restraint system (SRS) components. 

U.S. Customs and Border Protection (CBP) and Homeland Security Investigations (HSI) seized more than 211,000 counterfeit automotive parts in fiscal year 2024, the notice says. This almost doubles the number of automotive parts seized during 2023, according to the notice.

Out of the 211,000 counterfeit parts seized, there were 490 air bags, which was 10 times the number seized in 2023, the notice says.

HSI currently has more than 40 open investigations into counterfeit automotive parts. 

Last year, the National Highway Traffic Safety Administration (NHTSA) urged used car buyers and owners to be aware of “cheap, substandard” replacement air bag inflators that can cause death or serious injury in a crash.

“These dangerous aftermarket parts malfunctioned in subsequent crashes, sending large metal fragments into drivers’ chests, necks, eyes, and faces, killing or severely injuring drivers in otherwise survivable crashes,” NHTSA wrote in a warning to consumers.

The PHMSA notice says NHTSA has recorded at least three deaths caused by counterfeit air bags. In each case, NHTSA says the vehicles were involved in a crash, and replacement air bags were installed by independent repair shops. 

“The suspected replacement safety devices may be produced by companies with limited manufacturing experience and are sometimes sold at prices significantly lower than those of genuine, high-quality replacement devices, which are ordered online and shipped into or through the United States,” the notice says. “These counterfeit parts may contain unapproved explosive devices and construction material and may pose additional transportation risks when compared to equipment manufactured through legitimate means to meet original equipment manufacturer (OEM) specifications.” 

The notice says the devices “should not” be purchased or installed in any vehicle manufactured or repaired in the U.S. because of the risk of serious injury or even death in a crash. 

Safety devices are described in the notice as articles that contain pyrotechnic substances or hazardous materials of other classes and are used in vehicles, vessels, or aircrafts to enhance safety. Safety devices must have each design type examined and successfully tested by a person or agency authorized by the associate administrator, the notice says. 

Each device should also be properly packaged, shipped, and labeled with the appropriate hazard class as required by the Hazardous Materials Regulations (HMR). 

American Honda State Government and Industry Relations Manager Craig Orlan published a release on counterfeit air bags last week. 

“These ‘airbags’ come from illicit businesses operating in China and other overseas markets and are primarily sold in the dark underbelly of the secondhand parts market, before being installed in the vehicles of unsuspecting customers here in the U.S,” Orlan writes. “While the full scope of any underground economy is impossible to fully quantify, data indicates the threat is growing.” 

He says for nearly a decade, Honda has been involved in efforts to stop the sale of counterfeit air bags, this includes establishing the Automotive Anti-Counterfeiting Council (A2C2). 

“In the effort to keep these life-threatening parts from entering the supply chain, our coalition has provided expert testimony in court, accompanied Department of Homeland Security officers on counterfeit raids, and trained law enforcement officers who play a critical role in identifying and taking down illicit counterfeit operations,” the release says. “Undoubtedly, these actions save lives, but the best solution is to stop these fake airbags from reaching the market in the first place. To do that, we need to give law enforcement the tools and authority they need to act. That’s why Honda has been at the forefront of a national effort to expand the narrow authority law enforcement currently has, primarily under federal trademark law.” 

The release says 38 states have adopted Honda’s model legislation prohibiting the trafficking of fake air bags.  

“However, with consumers in 12 more states still unprotected, and the fact that vehicles frequently cross state lines, we still have work to do,” Orlan says in the release. 

Last year, A2C2 launched a public awareness campaign together with the National Intellectual Property Rights Coordination Center (IPR).

The campaign, “Put the Brakes on Fakes,” also receives support from HSI, the U.S. Customs and Border Protection (CBP), and NHTSA. 

IPR shares tips and resources with consumers through the campaign, such as a public service announcement video it uploaded last year. The video warns consumers about purchasing auto vehicle parts online, including air bags. 

Orlan notes in his release that prior to joining Honda, his vehicle was struck by an impaired driver. 

“With the repairs on my vehicle slated to take weeks, my life suddenly became an incredibly difficult juggling act between three jobs,” Orlan says. “Looking back, I was in a vulnerable state following the crash, and I can appreciate how the allure of cheap replacement parts and a quick, low-cost repair might feel like a much-needed lifeline. I was exactly the kind of customer these predators look to take advantage of because the very last thing on my mind was falling prey to bad actors trafficking fake replacement airbags.”

Orlan says he took the advice of friends and family and took the vehicle to a dealer for repairs. 

“Their concern was more with maintaining the resale value of the car, but now it gives me great peace of mind knowing that when I sold the car to a new owner, I handed it off with functioning airbags,” Orlan says. “So, be careful when purchasing any deeply discounted product – particularly those with health and safety implications like airbags. You can’t put a price on your personal safety.”

Images

Featured photo: Screenshot from the National Intellectual Property Rights Coordination Center (IPR Center) Public Safety Announcement video/IPR Center.