CPSC determines Amazon responsible for recalling unsafe, defective products

Amazon defective products overview: 

• Who: The U.S. Consumer Product Safety Commission has issued an order deeming that Amazon is a “distributor” of products on its website that are defective or unsafe.
• Why: The decision was made as the CPSC sought to determine whether Amazon bears legal responsibility for recalling dangerous products.
• Where: The decision applies in the United States.

The U.S. Consumer Product Safety Commission (CPSC) has issued a decision determining that Amazon.com Inc. is a “distributor” of products on its marketplace — including those that breach product safety standards — and therefore bears legal responsibility for their recall. 

In a press release issued July 30, the CPSC said that more than 400,000 products sold on Amazon are subject to its order. 

Those products include faulty carbon monoxide detectors, hair dryers without electrocution protection, and children’s sleepwear that violated federal flammability standards.

The CPSC said that it determined that these products, listed on Amazon.com and sold by third-party sellers using the Fulfilled by Amazon program, pose a “substantial product hazard” under the Consumer Product Safety Act.

The CPSC said it also found that Amazon failed to notify the public about the hazardous products and did not take adequate steps to encourage its customers to return or destroy them, “thereby leaving consumers at substantial risk of injury.”  

Lawsuit leads to Amazon CPSC order

On July 14, 2021, the CPSC filed a lawsuit against Amazon, demanding that the tech giant stop selling identified, dangerous products and implement a system that will notify consumers when they have purchased a recalled item. 

The CPSC also called for Amazon to offer full refunds for dangerous products sold on its platform, and argued that the company was a “distributor” of the products on its website, therefore was responsible for their recall if they were defective. 

An administrative law judge ruled that Amazon was a “distributor,” and that Amazon must take certain steps, including issuing recalls, to protect the public from the hazardous products. 

During the proceedings, Amazon did not contest that the products present a substantial product hazard, the CPSC said. Instead, it argued that it was not acting as a distributor of the hazardous products within the law, and therefore was not responsible for taking actions to protect the public. The judge rejected Amazon’s argument.

Amazon must now develop and submit proposed plans to notify purchasers and the public about the product hazards, and to provide refunds or replacements for these products, the CPSC ordered. 

“Notice to the public is important so that people who may have received one of the products as a gift or purchased it second-hand can learn about the hazards,” the agency said. 

The CPSC lawsuit reportedly references several unsafe products sold on the Amazon website by third parties, including flammable kids’ pajamas, non-functioning carbon monoxide detectors, and hundreds of thousands of hair dryers that pose a risk of electrocution. 

Have you purchased dangerous products from third party sellers on the Amazon website? We want to hear about your experience. Tell us in the comment section below. 

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