
Over 400,000 hazardous products sold via its Fulfilled by Amazon program affected
The U.S. Consumer Product Safety Commission (CPSC) has unanimously issued a significant Decision and Order involving Amazon.com, Inc. that requires the global e-commerce giant to implement comprehensive consumer protection measures, including notifying and/or refunding consumers under certain circumstances. This requirement could affect any of the more than 400,000 products sold by third-parties through Amazon.com’s “Fulfilled by Amazon program.” If any of these products are found to be “substantial product hazards” under the Consumer Product Safety Act (CPSA), Amazon must notify purchasers and the public, offer a full refund to consumers, and maintain comprehensive records of the products.
A Unanimous Ruling
The Commission unanimously determined that Amazon was acting as a “distributor” under the CPSA and thus bears legal responsibility for recalling defective or violative products sold on its platform. Following extensive litigation, including an Administrative Law Judge’s ruling, both parties appealed, and the Commission affirmed the judge’s findings. The most recent Decision and Order, issued with unanimous agreement, compels Amazon to:
Notify Purchasers and the Public
- Post official recall information on Amazon.com.
- Email original purchasers and provide recall details through each purchaser’s “Your Orders” page.
- Provide notice to third-party sellers participating in the Fulfilled by Amazon program who sold the hazardous products.
Offer a Full Refund to Consumers
- Issue a refund in the full purchase amount to any consumer who submits proof of destruction or disposal of a recalled product.
Maintain Comprehensive Records
- Keep recall notices on Amazon’s “Recalls and Product Safety Alerts” page for at least five years.
- Submit monthly progress reports to the CPSC for five years and maintain compliance records for the same period.
The effective date for this Decision and Order is January 26, 2025.
A Milestone for Public Safety
The Commission emphasized that this groundbreaking enforcement action holds companies—including online marketplaces—accountable for distributing hazardous products. Framing the decision as a decisive victory for consumers, CPSC Chair Alexander Hoehn-Saric stated:
“Today’s decision demonstrates that the Consumer Product Safety Commission (CPSC) will step in to require companies, including online marketplaces, to provide consumers sufficient notice and access to recall remedies when they distribute a defective or violative product. I thank my colleagues for their hard work and collaboration that resulted in this unanimous decision.”
Commissioners Peter A. Feldman and Douglas Dziak underscored the importance of the Commission’s work and the unprecedented nature of the lawsuit:
“Today the United States Consumer Product Safety Commission issued its Decision and Order in the adjudicative proceeding against Amazon.com, Inc. While the Decision and Order speaks for itself, today’s action marks the conclusion of more than three and a half years of Commission work. This first-of-its-kind lawsuit addresses a fundamental question: What obligations did Amazon, the world’s largest e-commerce company, have to American families when it distributed more than 400,000 hazardous products via its Fulfilled by Amazon program? We wish to thank our colleagues for recognizing the importance of this matter and for their collegiality throughout the process. We also wish to thank CPSC staff for their tireless efforts to advance the agency’s mission.”
Adding to these remarks, Commissioner Richard L. Trumka Jr. emphasized the agency’s duty to protect consumers:
“It is the U.S. Consumer Product Safety Commission’s job to hold companies like Amazon accountable for distributing hazardous products. No company is above the law. The resolution of this case brings protection to consumers exposed to hazardous products. This is an essential step toward ensuring every consumer, regardless of where or how they shop, can trust the safety of the products they bring into their homes.”
Why This Matters
This unanimous decision sends a powerful message to all retailers, both online and offline in brick-and-mortar retail stores, that they must rigorously uphold product safety standards. By requiring Amazon to notify purchasers, remove hazardous products from circulation, and provide incentives (refunds) for consumers to destroy or dispose of these items, the CPSC’s action helps ensure fewer dangerous products remain in American homes. It also establishes critical precedent for other e-commerce platforms, reinforcing that consumer safety obligations extend across all channels of commerce.
As the CPSC continues its mission to protect the public from unreasonable risks of injury or death associated with consumer products, today’s Decision and Order serves as a reminder that no company is above the law. By standing firm to protect Americans, the Commission has secured a major win for consumer safety and underscored the importance of accountability in the modern marketplace.
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