Amazon is suing the U.S. Consumer Product Safety Commission (CPSC), which has determined that Amazon is responsible for recalling all hazardous products on its marketplace, including those sold by third parties. In a lawsuit filed last week, Amazon accused the U.S. Consumer Product Safety Commission of stretching consumer safety laws by treating the e-commerce giant as a distributor rather than a logistics provider.
The U.S. Consumer Product Safety Commission sued Amazon in 2021, saying the company failed to properly recall tens of thousands of hazardous items, including flammable children's pajamas and faulty carbon monoxide detectors. Although Amazon removed the products and notified buyers, the U.S. Consumer Product Safety Commission said it "downplayed the seriousness of the hazard." The CPSC later reaffirmed the administrative law judge's ruling that Amazon was a distributor and therefore responsible for conducting recalls of third-party goods.
But Amazon classifies itself as a third-party logistics provider that "does not manufacture, own or sell these products," meaning the CPSC does not have the authority to issue a recall order to the company. It also claims the structure of the CPSC is unconstitutional, saying it allows commissioners to "serve as judge, jury and prosecutor in the same proceeding."
Amazon launched a product recall page on its website in 2023.
William Wallace, director of safety advocacy at Consumer Reports, said in response to the lawsuit: "The law clearly states that Amazon is a 'distributor' in this case and must implement the recall. It is ridiculous to think that because a company has set up a marketplace online, it is exempt from reasonable requirements that help keep dangerous products out of people's homes and prevent them from being sold."