Amazon Class Action Says Website Sells Recalled Items

A class action lawsuit claims that Amazon sells recalled and dangerous items on its website.

Plaintiff Ryan Edmundson says he purchased numerous items from Amazon that have been recalled, but were nonetheless sold on the site.

He says that he purchased Numb-ify Numbing Cream 5% Lidocaine Extra Strength Anesthetic and the Gillette Simply Venus 3 Blade Disposable Razors 4 Each (Pack of 9) from a third party seller via Amazon.

However, both items have reportedly been recalled and Amazon did not notify Edmundson that they had been recalled.

According to the Amazon class action lawsuit, The Wall Street Journal recently investigated the issue and discovered that 4,152 items were for sale on Amazon that had been “declared unsafe by federal agencies, that are deceptively labeled, or that are banned by federal regulators.”

The Amazon recalled items class action lawsuit asserts that Amazon’s attempt to have consumers waive class action rights and instead pursue arbitration are not enforceable. The Amazon class action lawsuit claims that the arbitration requirements are not enforceable because Amazon does not comply with its own conditions of use and engages in allegedly fraudulent business practices.

In addition to claiming that Amazon engages in fraudulent and deceptive business practices, Edmundson says that Amazon violates the Illinois Uniform Deceptive Trade Practices Act. Allegedly, the law makes it unlawful to “advertise goods or services with intent not to sell them as advertised” or to “engage in any other conduct which similarly creates a likelihood of confusion or misunderstanding.”

Edmundson claims that had he known that the products he purchased had been recalled, he would not have purchased them.

The plaintiff says that many other consumers unknowingly purchased recalled products via Amazon and would not have purchased the items had they known that they had been recalled. Based on this, Edmundson says that he and other consumers were financially injured by the sale of the recalled products.

Allegedly, Amazon puts customers in danger by selling recalled products. The Amazon class action lawsuit notes that many products are recalled over safety concerns, and consumers may unknowingly purchase a product that could put their health and safety at risk if they do not know that the product has been recalled.

Edmundson seeks damages on behalf of himself and all similarly affected consumers. He also seeks an injunction that would bar Amazon from selling recalled products on its website. He also asks that Amazon be required to remove all recalled products from its website and issue a notice about its plan to stop selling recalled products.

Edmundson is represented is represented by Heather L. Blaise of Blaise & Nitschke PC.

The Amazon Recalled Items Class Action Lawsuit is Ryan Edmundson v. Amazon.com Inc., Case No. 1:19-cv-05835, in the U.S. District Court for the Northern District of Illinois, Eastern Division.

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