Background on the Dispute

Amazon is currently embroiled in a legal battle with the U.S. Consumer Product Safety Commission (CPSC) over a directive that requires the online giant to recall hundreds of thousands of products deemed potentially dangerous. The CPSC ruling, issued in July 2024, identified several hazardous items sold on Amazon’s platform, which include:

• Faulty carbon monoxide detectors
• Hairdryers lacking necessary electrocution safety features
• Children’s sleepwear that does not adhere to federal flammability standards

According to the CPSC, Amazon bears responsibility for the recall of over 400,000 such items.

Legal Proceedings and Company Stance

In response to the CPSC’s ruling, Amazon filed a lawsuit in the U.S. District Court for the District of Maryland on March 14. The company acknowledges that the products in question may pose safety hazards but contends that it should not be classified as a distributor. Instead, Amazon argues that it operates primarily as a logistics provider. The company maintains that:

“The commission may issue recall orders to the manufacturers, distributors, and retailers of a product, but not to third-party logistics providers who store the product in their warehouses and transport it to customers.”

This legal challenge arises after the CPSC’s final order, which was filed in January 2024, following an administrative complaint first authorized three years prior.

Constitutionality and CPSC Structure Concerns

Beyond the issue of product responsibility, Amazon’s lawsuit also questions the constitutionality of the CPSC’s operational structure. The company alleges that the agency’s commissioners effectively serve multiple roles in the same proceedings—acting as judge, jury, and prosecutor—which raises concerns about due process.

Consumer Safety Position

Despite the ongoing legal issues, Amazon has proactively notified customers about the recall and has offered refunds for the items affected by the CPSC’s warnings. Additionally, the company launched a product recall page in 2023 to assist in managing safety alerts.

Responses from Consumer Advocacy Groups

Consumer watchdogs have strongly criticized Amazon’s legal maneuvering. William Wallace, the director of safety advocacy at Consumer Reports, stated:

“It’s absurd to suggest that because a company hosts a marketplace online it should be exempt from sensible requirements that help get hazardous products out of people’s homes and prevent them from being sold.”

Wallace emphasized the importance of a robust legal framework to protect consumers and expressed concern over Amazon’s challenge to the CPSC’s authority.