Amazon Challenges CPSC's Recall Directive in New Lawsuit

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Amazon (AMZN) has filed a lawsuit against the U.S. Consumer Product Safety Commission (CPSC) after the agency held the e-commerce giant responsible for the recalls of hundreds of thousands of products sold on its platform.

In January, the independent federal agency issued an order requiring Amazon to notify customers who had purchased over 400,000 recalled items and to provide refunds to those who could prove the products had been disposed of or destroyed. The order followed the CPSC's determination that Amazon acted as a "distributor" of faulty products sold by third-party sellers on its site and fulfilled through its services.

Amazon has consistently argued that it should not be held liable for the recalls, as it views itself as a "third-party logistics provider," not a distributor of the products sold by others. The company challenged the CPSC's decision in a lawsuit filed on March 14, stating that the commission's ruling oversteps its authority.

In 2021, the CPSC had sued Amazon for allegedly distributing hazardous products, including defective carbon monoxide detectors and flammable children's pajamas, putting consumer safety at risk. However, Amazon contends that it had already issued previous recall notices and refunds for the products in question, claiming that the commission’s new order is redundant.

Amazon also criticized the CPSC for being an "unconstitutionally structured agency" and argued that the agency had exceeded its legal powers. The company added that it had taken appropriate steps to protect customers and would continue doing so whenever unsafe products were identified.

In addition, Amazon, along with SpaceX, has been involved in lawsuits challenging the National Labor Relations Board's (NLRB) structure as unconstitutional, following disputes regarding workers' rights and unionization.

The CPSC declined to comment on Amazon's lawsuit. However, in response to the January order, Commissioner Richard L. Trumka Jr. stated that the CPSC’s role was to "hold companies like Amazon accountable" and that "no company is above the law."

 

 

 

Paraphrasing text from "AP" all rights reserved by the original author