The U.S. Consumer Product Safety Commission (CPSC) decided on Tuesday that Amazon, not third-party sellers, is responsible for properly recalling hazardous items sold on its marketplace. The U.S. Consumer Product Safety Commission said Amazon failed to adequately notify the public that more than 400,000 products were being recalled.
Even though Amazon stopped selling the products and attempted to alert buyers, the CPSC determined that Amazon needed to follow approved recall procedures designed to prevent the public from using, giving away, or reselling hazardous items. (When the CPSC helps a company recall a product, it not only warns buyers, it warns everyone.)
Products sold by Amazon between 2018 and 2021 include defective carbon monoxide detectors, hair dryers that pose a risk of electric shock, and flammable children’s pajamas. In its decision and order, the CPSC said Amazon “downplayed the seriousness of the hazard” by telling affected customers that recently purchased products had “potential safety issues” instead of explicitly labeling them as a “recall.”
Amazon’s notice did not include “easily accessible” images of the recalled items, which are meant to help customers identify them. Rather than incentivizing customers to throw away dangerous products, the company offers gift cards without requiring customers to return items or provide proof of destruction. This is a step other companies often take to ensure customers don’t keep dangerous products.
In 2021, the U.S. Consumer Product Safety Commission sued Amazon, requiring the online retailer to issue a comprehensive recall of thousands of defective products on the market. While Amazon argued that it was not responsible for recalling items from third-party sellers, the Administrative Law Judge (ALJ) presiding over the case ruled that Amazon was a “distributor” responsible for issuing recall notices. Today’s ruling affirms the administrative law judge’s ruling.
Since then, Amazon has launched a dedicated recall page that allows users to view product recalls and safety information for items purchased on Amazon. The company said it plans to appeal the U.S. Consumer Product Safety Commission’s decision.
In a statement provided to CNN, an Amazon spokesperson said: “If a product recall occurs in our stores, we will remove the affected products immediately upon receiving actionable information from the recall agency, and we will continue to represent our Customers look for innovative approaches. “Our recall alert service also ensures that our customers receive important product safety messages quickly and that the recall process is effective and efficient. The company did not immediately respond edgeRequest for comment.
With approval from the U.S. Consumer Product Safety Commission, Amazon must now implement a new program to notify customers about hazardous products and encourage them to return or destroy the items.