Amazon, not third-party sellers, is responsible for properly recalling hazardous items that were sold on its marketplace, the US Consumer Product Safety Commission (CPSC) decided on Tuesday. The CPSC says Amazon failed to adequately notify the public about more than 400,000 recalled products.
Even though Amazon stopped selling those products and attempted to alert their buyers, the CPSC decided Amazon needs to follow approved recall procedures designed to keep the public from using, giving away, or reselling dangerous items. (When the CPSC helps a company recall a product, it doesn’t just warn buyers; it warns everyone.)
The Amazon products, sold between 2018 and 2021, include faulty carbon monoxide detectors, hairdryers that pose an electric shock risk, and flammable children’s pajamas. In the decision and order, the CPSC says Amazon “downplayed the severity of the hazard,” telling affected customers about a “potential safety issue” regarding a recent purchase rather than explicitly labeling it as a “recall.”
Amazon’s notice didn’t include “easily accessible” pictures of recalled items, which are supposed to help customers identify them. The company didn’t incentivize customers to get rid of the hazardous products, offering gift cards without requiring customers to return the item or provide proof they destroyed it. That’s something other companies often do to make sure customers don’t hold onto a dangerous product.
In 2021, the CPSC sued Amazon to get the online retailer to fully recall the thousands of faulty items on its marketplace. While Amazon argued that it’s not responsible for recalling goods from third-party sellers, the Administrative Law Judge (ALJ) on the case ruled that Amazon is a “distributor” and is responsible for issuing recalls. Today’s decision affirms the ALJ’s ruling.
Amazon has since launched a page dedicated to recalls, allowing users to view product recalls and safety information for items they bought on Amazon. The company says it plans to appeal the CPSC’s decision.
“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 says in a statement provided to CNN. “Our recalls alerts service also ensures our customers are notified of important product safety information fast, and the recalls process is effective and efficient.” The company didn’t immediately respond to The Verge’s request for comment.
With the CPSC’s approval, Amazon must now implement a new plan to notify customers about the hazardous products and encourage them to return or destroy the items.
