CPSC finds Amazon responsible for hazardous products sold by third-party sellers

The U.S. Consumer Product Safety Commission on Tuesday issued a Decision and Order against Amazon.com. In a unanimous vote, the Commission determined that Amazon was a “distributor” of products that are defective or fail to meet federal consumer product safety standards, and therefore bears legal responsibility for their recall. More than 400,000 products are subject to this order: specifically, faulty carbon monoxide detectors, hairdryers without electrocution protection, and children’s sleepwear that violated federal flammability standards. The Commission 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. Further, Amazon failed to notify the public about these 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. Amazon argued before an Administrative Law Judge and the Commission that it was not a distributor and bore no responsibility for the safety of the products sold under its Fulfilled by Amazon program. Under the Commission’s Decision and Order, Amazon must submit proposed plans to notify consumers and the public about the hazardous products, and to remove the products from commerce by incentivizing their return or destruction. The Commission will consider Amazon’s proposed plans and address them in a second order in this case.