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What are brand protection and certified destruction?

2–3 minutes

Brand protection is a manufacturer or retailer requirement that damaged goods carrying their marks be destroyed or delabelled rather than resold. Certified destruction is the documented disposal that satisfies it. US Claims Solutions identifies both obligations during the inventory, because discovering them after a lot has been marketed forces its withdrawal.

Why brand owners impose the restriction

A brand owner has no control over how salvaged goods are represented downstream. Fire-damaged product sold into a secondary market can reappear as new, and a consumer who buys a compromised item blames the brand rather than the salvor. For food, pharmaceuticals, cosmetics, safety equipment and children products the exposure is not reputational but regulatory. The restriction is therefore standard in supply agreements, and it applies to intact stock in a damaged building as readily as to product that was directly affected.

Delabelling is sometimes an alternative

Where the brand owner permits it, removing labels, packaging and identifying marks can allow property to be sold as unbranded goods, which preserves some recovery. Whether that is acceptable depends entirely on the agreement and on the product: apparel and general merchandise are frequently delabelled, while anything with a safety certification tied to the mark generally cannot be. Establishing which route applies requires asking the brand owner, and asking early, because the answer determines whether the lot can be marketed at all.

What a destruction certificate records

A certificate of destruction records what was destroyed, in what quantity, by what method, on what date and by whom. It protects the insured against a later claim that goods re-entered the market, satisfies the brand owner obligation, and supports the claim file where no recovery offsets the loss. Weight tickets, photographic records and facility documentation are normally attached. Without a certificate, disposal is simply disposal, and it evidences nothing. Without it, the insured carries an open exposure: no way to demonstrate that restricted goods were destroyed rather than diverted.

Where the requirement is routinely missed

Brand protection is missed most often on mixed commercial losses, where branded stock is a small part of a larger contents claim and nobody thinks to check the supply agreements. It is also missed on losses at distributors and third-party logistics operators, where the insured does not own the goods and the obligation sits with a customer. Consultants ask about branded product and supply terms as a standing question during the inventory rather than waiting for it to surface.

How this is handled on an assignment

USCS identifies branded property during the inventory, establishes the applicable restriction, routes affected lots to delabelling or certified destruction, and files the resulting documentation with the disposition record. The work is performed at the direction of the carrier, adjuster or insured. Establishing the restriction before a lot is offered avoids withdrawing it afterwards, which costs credibility with the buyer population and depresses bids on everything offered subsequently. Where a brand owner cannot be reached in time, the lot is held rather than marketed, because an unauthorised sale cannot be undone.

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