The US Consumer Product Safety Commission ruled that Amazon must take responsibility for product recalls when stuff it sells turns out to be dangerous. Moreover, it says it found more than 400,000 defective products on the platform, which must be recalled—or else.
"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," the CPSC said in a statement Tuesday. "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."
From the press release:
During the administrative law proceedings before the ALJ and the Commission, Amazon did not contest that the products present a substantial product hazard. Instead, Amazon argued that it was not acting as a distributor of the hazardous products within the meaning of the CPSA, and therefore was not responsible for taking actions to protect the public. The ALJ rejected Amazon's argument, holding that Amazon acted as a distributor in this matter. The Commission affirmed that holding in today's decision.
Amazon also claimed that sending messages to initial purchasers about "potential" safety issues and providing initial purchasers with Amazon.com credits – rather than refunds incentivizing product return or destruction – were sufficient to remedy the product hazards. The Commission, as well as the ALJ, disagreed, finding Amazon's actions inadequate to protect the public.
For its part, Amazon seems unperturbed and says it will appeal: "We stand behind the safety of every product in our store" it told CNN.
"In the event of a product recall in our store, we remove impacted products promptly after receiving actionable information from recalling agencies, and we continue to seek ways to innovate on behalf of our customers," an Amazon spokesperson said in a statement. "Our recalls alerts service also ensures our customers are notified of important product safety information fast, and the recalls process is effective and efficient."
"Unfulfilled by Amazon" would be a marvelous title for a romance novel set in a warehouse full of defective batteries and counterfeit sex toys.
