In the suit, Amazon argues that the company should not have legal responsibility to recall and remedy consumers for unsafe products sold on its marketplace by third-party sellers. Amazon claims that it is just an intermediary and logistics provider for third-party sales, similar to a delivery service, not a distributor or retailer that has a legal responsibility to carry out recalls. The CPSC ordered Amazon to recall more than 400,000 unsafe products in July 2024, after more than three years of adjudication.

“Instead of demonstrating its commitment to consumer safety, Amazon has fought the CPSC every step of the way for more than three years, and now it’s going to court. The law is clear that Amazon is a ‘distributor’ in this case and must carry out a recall. 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. The court should reject Amazon’s arguments. Taking Amazon at its word would mean hazardous products slipping through the cracks, even when they are capable of injuring or killing people.”