Have you ever had trouble determining whether the diaper you’re looking at is a rebrand or knockoff? This post has been in the works for quite some time, even before Misty Henry & I put together our webinar on this topic for the RDIA and I’m grateful to Elizabeth for putting together this list of things to look for when determining if a diaper is a black market or re-branded diaper. Please note: this is not intended to single out any particular brand, nor to condemn those who have knowingly or unknowingly purchased black market diapers. It is simply an aid for those consumers who want to know what they’re buying. Opinions are that of the guest poster and do not necessarily reflect those of Change-Diapers. Please also visit CleanDiapers.org to learn more about clean, safe diapers. There is also a list of reported, non-CPSIA compliant diapers available for RDIA members to view.
I know that a post like this is likely to come across as judgmental. I want to begin by saying that the purpose of this post is not to condemn anyone for knowingly or unknowingly purchasing infringing diapers, nor to make myself seem superior. I simply want to raise awareness of this issue. The examples I pictured are just diapers that made me say “hmm.” Unfortunately I don’t know how to know for sure whether a diaper is infringing without asking the creator of the diaper possibly being infringed upon. — Editing to add that the reason I entitled this “intellectual property infringement” rather than “patent infringement” is that it goes beyond patented aspects and includes other intellectual property. In my post about cloth diaper co-ops, I briefly mentioned patent infringement as an issue, but this is not limited to co-op cloth diapers. In fact, any reputable retailer will be cautious about carrying diapers that may be infringing, lest they be held liable. I’m aware that this is still an issue for big retailers such as Amazon, and I don’t know what the answer is, other than to contact them to request removal of each diaper & each seller carrying them.