Amazon distributed hundreds of thousands of hazardous products sold by third-parties through the e-commerce giant’s platform, and is therefore responsible for recalling them, a federal agency has ruled.
The U.S. Consumer Product Safety Commission on Tuesday issued a decision and order against Amazon, determining the retailer was a “distributor” of products that are defective or fail to meeting federal safety standards.
The company, which rang up $574.8 billion in revenue in 2023, is legally responsible for the recall of more than 400,000 products, including faulty carbon monoxide detectors, hairdryers without electrocution protection and kids’ sleepwear that violates federal flammability standards, the agency said in a news release.
Amazon did not immediately respond to a request for comment.
“Substantial” danger
Listed on Amazon.com and sold by third-parties using the Fulfilled by Amazon program, the items pose a “substantial product hazard” under the Consumer Product Safety Act, CPSC stated. Amazon failed to notify the public about the hazardous products and did not take adequate steps to encourage customers to return or destroy them, the agency said.
The CPSC’s decision and order come three years after the commission authorized an administrative complaint against Amazon that alleged it distributed certain products that pose a substantial hazard.
During the proceedings, Amazon did not contest the products present a substantial hazard, but it argued that it was not acting as a distributor and therefore was not responsible for taking action to protect the public.
The company also contended that sending messages to initial purchasers about “potential” safety issues and offering credits were sufficient to remedy the hazards, the commission said. It added that the agency as well as an administrative law judge disagreed with Amazon’s assertion, finding that the retailer’s actions were “inadequate to protect the public.”
Amazon must now submit proposed plans to notify people about the hazardous products and to remove them from circulation by incentivizing their return or destruction, the agency said.
In the month of July, the CPSC posted four recalls for products sold exclusively on Amazon, including children’s pajamas deemed a burn risk for kids, a pool drain cover that violates entrapment protection standards, twin strollers that violate multiple safety regulations and area rugs that pose a fire hazard.
