CPSC: Amazon Responsible for Hazardous Products Sold by 3rd-Party Sellers, Recalls

Amazon signage in Ottawa on July 11, 2022. (The Canadian Press/Sean Kilpatrick)

The U.S. Consumer Product Safety Commission (CPSC) on Tuesday issued a unanimous decision and order finding Amazon.com Inc. responsible for distributing products that pose significant safety risks to consumers.

This determination includes more than 400,000 units of faulty carbon monoxide detectors, hairdryers lacking electrocution protection, and children’s sleepwear that does not meet federal flammability standards, according to the July 30 order from the commission.

The commission classified Amazon as a “distributor” under the Consumer Product Safety Act (CPSA), thereby holding the company legally accountable for the recall of these hazardous items sold by third-party vendors through the Fulfilled by Amazon program. The products in question were deemed “substantial product hazards” under the CPSA.

The court order mandates that Amazon develop comprehensive remediation plans to inform customers and the public about these dangerous products and implement remedies to remove them from consumers’ homes, which the commission will review and address in a subsequent order.

On July 14, 2021, the CPSC initiated an administrative complaint against Amazon, alleging the distribution of the hazardous products.

The case proceeded before an administrative law judge, and the commission issued the new order after both Amazon and the CPSC had previously appealed various aspects of the judge’s ruling.

During the administrative proceedings, Amazon did not dispute that the products in question were hazardous. However, the company argued that Amazon did not qualify as a distributor under the CPSA and thus was not obligated to take protective measures.

The judge dismissed Amazon’s argument, ruling that the company did indeed function as a distributor, and this week’s decision by the commission upheld that ruling.

The CPSA grants the commission the authority to require manufacturers, distributors, or retailers to notify the public about product risks and provide remedies, such as refunds or replacements, to eliminate these hazards, according to the order.

In this instance, the commission emphasized the need for Amazon to enhance its efforts to protect consumers, noting that Amazon’s previous measures, such as sending messages to initial purchasers and providing account credits, were insufficient.

The products involved in this case were sold on Amazon.com between 2018 and 2021 and included approximately 418,818 units sold through the Fulfilled by Amazon program. Specifically, the hazardous items included the following:

• Children’s Sleepwear: Nightgowns and bathrobes sold for approximately $15 to $30 that failed to meet the flammability requirements under the Flammable Fabrics Act, posing severe burn risks to children.
• Carbon Monoxide Detectors: Devices that failed to alarm, leaving consumers vulnerable to carbon monoxide poisoning.
• Hairdryers: Hand-supported devices lacking required immersion protection, posing a significant electrocution hazard.

The commission’s order requires Amazon to develop and submit plans for notifying customers and the public about the hazards associated with these products and to provide incentives for their return or destruction, including potentially issuing refunds or replacements and making public announcements to ensure broader awareness.

Amazon’s responsibilities also extend to submitting monthly progress reports and maintaining compliance records, as directed by the commission, in order to prevent the hazardous products from continuing to pose risks to consumers.

Amazon’s Public Relations Department did not respond by publication time to a request for comment from The Epoch Times on the commission’s ruling.